THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


THE  COLLECTION  OF 
NORTH  CAROLINIANA 


C3U2.2 

183^3 

c.3 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00034037514 

FOR  USE  ONLY  IN 
THE  NORTH  CAROLINA  COLLECTION 


No.  A -368 


Digitized  by  the  Internet  Archive 

in  2012  with  funding  from 

University  of  North  Carolina  at  Chapel  Hill 


http://archive.org/details/journalofconvent1835nort 


OF 


THE  CONVENTION, 


CALLED 


By  the  Freemen  of  North-Carolina* 


TO     AMEND 


THE  CONSTITUTION  OF  THIS  MTATB, 


WHICH    ASSEMBLED 


lit  the  City  of  Raleigh,  on  the  4th  of  June,  1 985 , 


iXD    COJfTIKTUED    IW    «E9SIG2T 


Until  the  11th  day  of  July  thereafter, 


—#-©©*-'•— 


V^tiAiA    idhmri,  N.  C 


Hawaii : 


PRINTED   BY   3.  GALE*    <fc  S01C, 

»»T3fTBB»   TO    THE    COJfTE^TIOIf. 

1§3*. 


X) 


JOURNAL.  OF  THE  CONVENTION. 


At  a  Convention  begun  and  held  in  the  City  of  Raleigh,    on 
Thursday,  the  fourth  day  of  June,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  thirty -five,  and  in  the  fifty-ninth  year  of  the 
Independence  of  the  United  States  of  America,  the  following  Pv" 
gates  elect  appeared  and  produced  their  credentials: 

Anson — William  A.  Morris,  Joseph  White. 

4she — Alexander  B.  McMillan,  George  Bower. 

Beaufort — Joshua  Tayloe,  Richard  H.  Bonner. 

Bertie — DavM  Outlaw,  Joseph  B.  G.  Roulhac. 

Bladen — John  Owen,  Samuel  B.  Andres. 

Brunswick — Frederick  J.  Hill,  William  R.  Hall. 

Buncombe — David  L.  Swain,  James  Gudger. 

Burke — Burges  S.  Gaither. 

Cabarrus — Daniel  M.  Barringcr,  Christopher  Melchor 

Carteret — Wallace  H.  Styron. 

Caswell — William  A.  Lea,  Calvin  Graves. 

Chatham — Joseph  Ramsay,  Hugh  McQueen, 

Columbus— Alexander  Troy,  Absalom  Powell. 

Craven — William  Gaston,  Richard  D.  Spaight. 

Cumberland — John  D.  Toomer,  Archibald  McDiarmid*. 

Currituck — Gideon  C.  Marchant,  Isaac  Baxter. 

Davidson — John  A.  Hogan,  John  L.  Hargrave. 

Duplin — Jeremiah  Pearsall,  John  E.  Hussey. 

Edgecomb — Louis  D.  Wilson,  Phesanton  S.  Sugg. 

Franklin — Henry  J.  G.  Ruffin,  William  P.  William.?. 

Granville — Robert  B.  Gilliam,  Josiah  Crudup. 

Greene — Jesse  Speight,  Thomas  Hooker. 

Gwilford — John  M.  Morehead,  Jonathan  Parker. 

Halifax — John  Branch. 

Haywood — William  Welch,  Joseph  Cathey. 

Hertford — Isaac  Pipkin,  Kenneth  Rayner. 

Hyde — Wilson  B.  Hodges,  Alexander  F.  Gaston. 

Iredell — Samuel  King,  John  M.  Young. 

Johnston — Jesse  Adams,  Hillory  Wilder. 

Jones — William  Huggins,  James  W.  Howard. 

Lincoln — Bartlett  Shipp,  Henry  Cansler. 

Macon— Benjamin  S.  Brittain,  James  W.  Guinn. 

Martin — Jesse  Cooper,  Asa  Biggs. 

Montgomery — John  B.  Martin,  James  L.  Gaines. 

Moore— John  B.  Kelly,  Charles  Chalmers. 


4  JOURNAL    OF    THE    CONVENTION. 

Nash — John  Arrington,  William  W.  Boddie. 

New-Hanover — Lewis  H.  Marsteller. 

Northampton — Roderick  B.  Gary. 

Orange — James  S.  Smith,  William  Montgomery. 

Pasquotank — Richard  H.  Ramsay. 

Perquimons — Jonathan  H.  Jacocks. 

Person — Moses  Chambers,  John  W.  Williams. 

Pitt — Robert  Williams,  sen.  John  Joiner. 

Randolph — Alexander  Gray,  Benjamin  Elliott. 

Richmond — Alfred  Dockery,  Henry  W.  Harrington. 

Robeson — John  W.  Powell,  Richard  C.  Bunting. 

Rockingham — Edward  T.  Brodnax,  John  L.  Lesueur. 

Rowan — Charles  Fisher,  John  Giles. 

Rutherford — Joseph  McD .  Carson,  Theodorick  F.  Birchett. 

Sampson — William  B.  Meares,  Thomas  I.  Faison. 

Stokes — Matthew  R.  Moore,  Emanuel  Shober. 

Surry — Meshack  Franklin,  William  P.  Dobson. 

Tyrrell — Hezekiah  G.  Spruill,  Joseph  Halsey. 

Wake — Henry  Seawell,  Kimbrough  Jones. 

Warren — Nathaniel  Macon,  Weldon  N.  Edwards. 

Washingtoyi — Joseph  C.  Norcom. 

Waijne — Gabriel  Sherard,  Lemuel  H.Whitfield. 

Wilkes — Edmund  Jones,  James  Wellborn. 

A  question  arising  upon  taking  the  Oath  set  forth  in  the  Act  of  the 
General  Assembly,  passed  in  1834,  entitled  "An  Act  concerning  a 
Convention  to  amend  the  Constitution  of  the  State  of  North-Caro- 
lina," 

Mr.  Wilson  moved  that  a  Chairman  pro  tempore  be  appointed. 

The  proposition  was  concurred  in,  and  on  motion  of  Mr.  Edwards, 
Mr.  Swain  was  unanimously  appointed. 

Mr.  Seawell,  after  some  time  spent  in  the  discussion  of  the  ques- 
tion, moved  that  the  meeting  adjourn  until  to-morrow  morning,  10 
oVlock;  which  was  decided  in  the  negative. 

Mr.  Smith  moved  that  the  meeting  now  proceed  to  the  organiza* 
tion  of  the  Convention,  by  taking  the  Oath  prescribed  by  law; 
which  was  decided  in  the  affirmative.     Yeas  86— Nays  22. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Morris,  White,  McMillan,  Bower,  Tayloe,  Bonner,  Outlaw 
Roulhac,  Owen,  Andres,  Swain,  Gudger,  Barringer,  Melchor,  Lea,  Graves 
Ramsay,  (Chatham,)  McQueen,  Troy,  Powell,  (Columbus,)  Gaston,  (Cra- 
ven,) Spaight,  (Craven,)  Toomer,  McDiarmid,  Marchant,  Baxter,  Hogan, 
Hargrave,  Pearsall,  Hussey,  Ruffin,  Williams,  (Franklin,)  Gilliam,  Cru- 
dup,  Morehead,  Parker,  Branch,  Welch,  Cathey,  King,  Young,  Adams, 
Wilder,  Huggins,  Howard,  Shipp,  Cansler,  Brittain,Guinn,  Martin, Gaines, 
Kelly,  Chalmers,  Boddie,  Gary,  Smith,  Montgomery,  Ramsay,  (Pasquo- 
tank,) Chambers,  Williams,  (Person,)  Gray,  Elliott,  Dockery,  Harrington, 
Brodnax,  Lesueur,  Fisher,  Giles,  Carson,  Birchett,  Meares,  Faison,  Moore, 
Shober,  Franklin,   Dobson,-   Seawell,  Jones,  (Wake,)   Macon,  Edwards, 


JOURNAL    OF    THE    CONVENTION.  5 

Norcom,  Sherard,  Whitfield,   Jones,  (Wilkes,)  Wellborn  and  Gaither — 
86  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Hill,  Hall,  Rayner,  Biggs,  Williams,  (Pitt,)  Spruill,  Styroti, 
Wilson,  Hodges,  Arlington,  Joiner,  Halsey,  Sugg,  Speight,  (Greene,)  Gas- 
ton, (Hyde,)  Marsteller,  Powell,  (Robeson,)  Hooker,  Pipkin,  Cooper,  Ja- 
cocks  and  Bunting — 22  Nays. 

The  members  present  then  took  and  subscribed  the   Oath  before 
J.  Busbee,  Esq.  a  Justice  of  the  Peace  of  the  county  of  Wake. 
A  quorum  being  present,  on  motion  of  Mr.  Branch, 

Nathaniel  Macon",  a  Delegate  from  the  county  of  Warren,  was 
unanimously  chosen  President  of  the  Convention. 

Mr.  Macon  was  conducted  to  the  Chair  by  Messrs.  Branch  and 
Owen,  from  which  he  made  his  acknowledgements  to  the  Conven- 
tion in  an  appropriate  address. 

On  motion  of  Mr.  Morehead, 

Resolved,  That  Messrs.  Swain,  Seawell  and  Jones,  (Wake,)  be  appoint- 
ed a  Committee  to  ascertain  and  report  whether  a  more  convenient  place 
can  be  procured  in  or  near  the  City  oi"  Raleigh,  for  the  sittings  of  this  Con- 
vention, than  the  room  provided  in  the  Government  House. 

Mr.  Owen  moved  that  the  Convention  proceed  to  the  appointment 
of  two  Secretaries  and  a  Clerk — and  pending  this  question, 

On  motion,  the  Convention  adjourned  until  to-morrow  morning, 
10  o'clock. 


FRIDAY,  JUNE  5,  1835. 

The  Convention  met  pursuant  to  adjournment. 
The  following  Delegates  appeared,  produced  their  credentials, 
were  qualified,  and  took  their  seats: 

Carteret — James  W.  Bryan. 

Camden — Willie  McPherson,  George  Ferebee. 

Onslow — David  W.  Saunders,  John  A.  Averitt. 

Pasquotank — John  L.  Bailey. 

Perquimons — Jesse  Wilson. 

On  motion,  the  Convention  resumed  the  subject  of  appointing  Se- 
cretaries and  a  Clerk,  as  the  unfinished  business  of  yesterday. 

On  motion  of  Mr.  Fisher,  the  original  motion  was  amended  so  as 
to  read,  ''that  the  Convention  proceed  to  appoint  a  Secretary  and 
an  Assistant  Secretary." 

The  motion,  as  amended,  was  agreed  to. 

Mr.  Owen  moved  that  William  J.  Cowan  be  appointed  Secretary; 
and  Mr.  Fisher  moved  that  Edmund  B.  Freeman  be  added  to  the 
nomination. 


6  JOURNAL    OF   THE    CONVENTION. 

The  Convention  thereupon  proceeded  to  ballot,  under  the  superin- 
tendence of  Messrs.  Owen  and  Fisher,  who, upon  collecting  and  count- 
ing the  ballot,  reported  that  Edmund  B.  Freeman  had  received  a 
majority  of  the  whole  number  of  votes,  and  was  duly  elected. 

Mr.  Marsteller  nominated  Joseph  D.  Ward  for  Assistant  Secre- 
tary, and  Mr.  Wellborn  moved  that  Thomas  L.  West  be  added  to 
the  nomination.  A  balloting  was  then  had,  under  the  superinten- 
dence of  the  same  Tellers,  who,  upon  counting  the  votes,  reported 
that  Joseph  D.  Ward  was  duly  elected. 

On  motion  of  Mr.  Wellborn,  the  Convention  proceeded  to  the  ap- 
pointment of  a  Door-keeper  and  an  Assistant  Door-keeper;  where- 
upon Green  Hill  and  John  Cooper  were  appointed. 
On  motion  of  Mr.  Spaight,  of  Craven, 

Resolved,  That  a  Committee  consisting  of  seven  members  be  appointed 
by  the  President  to  draw  up  Rules  for  the  government  of  the  Convention. 

Whereupon,  the  President  appointed  Messrs.  Spaight,  of  Craven, 
Fisher,  Branch,  Speight,  of  Greene,  Wellborn,  Smith  and  Troy,  to 
compose  said  Committee. 

Mr.  Giles  presented  the  following  Resolution: 

Resolved,  That  the  Convention  proceed  to  the  election  of  a  Printer. 

Mr.  McDiarmid  moved  to  amend  the  Resolution  by  striking  out 
all  after  the  word  "Resolved,"  and  inserting  in  lieu  thereof  the  fol- 
lowing: 

"That  the  Public  Printer  of  the  State  be  employed  to  execute  the  print- 
ing necessary  for  the  Convention  at  the  same  rates  which  the  printing  of 
the  State  is  executed." 

Mr.  Smith  moved  to  amend  the  amendment,  by  striking  out  all  af- 
ter the  word  "that"  and  inserting  in  lieu  thereof  the  following: — 
"A  Committee  of  three  Delegates  be  appointed  to  contract  w*th  some 
suitable  person  for  the  printing  required  by  this  Convention." 
And  the  question  being  had  thereon,  it  was  rejected. 

The  question  was  then  taken  on  agreeing  to  the  amendment  pro- 
posed by  Mr.  McDiarmid,  and  determined  in  the  negative. 

Mr.  Ramsay,  of  Chatham,  moved  to  strike  out  all  after  the  word 
"Resolved,"  in  the  original  Resolution,  and  insert  as  follows: 

"That  this  Convention  proceed  to  elect  a  Printer  to  execute  the  print- 
ing of  this  Convention,  during  its  session,  and  that  he  be  allowed  agreeably 
to  the  rule  of  charging  which  generally  governs  Printers." 

This  amendment  was  rejected  ;  and  thereupon  the  question  re- 
curred upon  the  adoption  of  Mr.  Giles'  Resolution,  which  was  de- 
termined in  the  affirmative. 

Mr.  Wellborn  nominated  Gales  &  Son  for  Printers ;  and  there- 
upon, a  balloting  was  had,  under  the  superintendence  of  Messrs. 
Spaight,  of  Craven,  and  Chambers,  who  reported  that  Gales  &  Son 
had  received  a  majority  of  all  the  votes  given  in,  and  were  duly 
elected.  The  report  was  concurred  in. 
On  motion  of  Mr.  Shober, 


JOURNAL    Ofr    THE    CONVENTION.  7 

Resolved,  That  the  Printers  to  the  Convention  furnish  copies  of  the  Acts 
©f  the  General  Assembly  of  1834,  relating  to  the  call  of  a  Convention:  one 
copy  for  each  Delegate. 

On  motion  of  Mr.  King, 

Resolved  unanimously,  That  each  day  of  the  session  of  this  Convention 
be  opened  by  prayer  to  Almighty  God  for  his  blessing;  and  that  all  regular 
Preachers  of  the  Gospel,  of  any  denomination,  who  may  be  present  during 
the  session,  be  requested  to  take  a  seat  within  the  bar  of  this  House  during 
prayer ;  one  of  whom  shall  be  requested  by  the  President  to  perform  that 
service. 

Mr.  Morehead  submitted  the  following  Resolutions: 

Resolved,  That  so  much  of  the  Act  of  the  last  Legislature,  entitled  "An 
Act  concerning  a  Convention  to  amend  the  Constitution  of  the  State,"  which 
has  been  ratified  by  the  people  of  the  State  of  North-Carolina,  as  provides 
for  fixing  the  number  of  Senators,  and  for  apportioning  and  arranging  the 
Senatorial  Districts,  be  referred  to  a  Committee. 

Resolved,  That  so  much  of  the  before  recited  Act,  as  provides  for  fixing 
the  number  of  members  in  the  House  of  Commons,  and  the  ratio  of  Repre- 
sentation, be  referred  to  a  Committee. 

Resolved,  That  so  much  of  the  before  recited  Act,  as  authorises  the  Con- 
vention to  consider  the  propriety  of  biennial,  instead  of  annual  meetings  of 
the  General  Assembly,  be  referred  to  a  Committee. 

Resolved,  That  so  much  of  the  before  recited  Act,  as  authorises  the  Con- 
vention to  provide  for  the  election  of  the  Governor  of  the  State,  by  the  quali- 
fied voters  for  the  members  of  the  House  of  Commons,  be  referred  to  a  Com- 
mittee. 

Mr.  Harrington  submitted  the  following  Resolution: 

Resolved,  That  a  Committee  of  Delegates  be  appointed  to  frame, 

devise  and  report  to  this  Convention,  amendments  to  the  Constitution,con- 
formably  to  the  provisions  of  the  13th  section  of  the  Act  of  Assembly,  pass- 
ed in  1835,  which  has  been  ratified  by  the  people,  so  far  as  respects  the  Re- 
presentation in  the  Senate  and  House  of  Commons  ;  and  the  qualifications 
of  the  members  and  of  the  electors  of  members  of  each  branch  of  the  Legis- 
lature. 

Mr.  Jacocks  submitted  the  following: 

Resolved,  That  a  Committee  be  appointed,  composed  of  members 

from  each  of  the  Judicial  Districts  of  the  State,  to  be  nominated 
after  consultation,  by  a  majority  of  the  Delegates  from  their  respec- 
tive Districts;  whose  duty  it  shall  be  to  report  to  this  Convention,  at  as 
early  a  day  as  may  be  possible,  the  votes  taken  in  each  county  in  the  State 
ai  the  opening  of  the  polls,  on  the  1st  and  2d  of  April  last,  upon  the  Con- 
vention question. 

The  number  of  white  persons  in  each  county,  agreeably  to  the  last  enu- 
meration by  the  United  States. 

The  number  of  slaves  and  persons  of  color  also. 

The  "Federal  population"  of  each  county,  according  to  said  enume- 
ration. 

The  number  of  white  polls,  black  poll*,  and  free  persons  of  colour,  also. 


3  JOURNAL    OF   THE    CONVENTION. 

in  each  county,  agreeably  to  the  last  returns  to  the  Comptroller's  office. 

And  the  amount  of  taxes  from  every  source,  separately  designated,  paid 
into  the  Treasury  of  the  State,  agreeably  to  the  last  returns. 

That  the  said  Committee  may  sit  during  the  business  hours  of  this  Con- 
vention, and  may  send  for  persons  and  papers. 

Mr.  Edwards  submitted  the  following: 

Resolved,  That  a  Committee  of  members  be  appointed  to  consider 

and  report  the  manner  in  which  it  will  be  expedient  to  take  up  the  business 
of  this  Convention. 

These  Resolutions-  were  severally  read  and  ordered  to  lie  on  the 
table;  and  on  motion  of  Mr.  Speight,  of  Greene,  ordered  to  be 
printed. 

On  motion  of  Mr.  Wellborn,        ' 

Resolved,  That  the  President  be  requested  to  assign  seats  to  such  Re" 
porters  as  may  wish  to  take  down  the  proceedings  of  this  Convention. 

Mr.  Giles  introduced  the  following  Resolution,  which  was  read 
and  ordered  to  lie  on  the  table: 

Resolved,  That  a  Committee  of  three  be  appointed  to  prepare  and  cause 
to  be  printed  for  the  use  of  the  Convention,  the  Census  of  this  State  for 
1820  and  1830,  with  a  Tabular  Statement  of  the  Public  Taxes,  white  and 
black  polls,  also,  the  federal  numbers  of  the  counties  of  this  State,  to  be 
compiled  from  the  Revenue  Lists  of  1831,  1832  and  1833. 

Mr.  Swain,  from  the  Committee  appointed  to  ascertain  whether 
a  more  convenient  place  could  be  procured  for  the  sittings  of  this 
Convention,  reported  that  the  proper  Officers  of  the  Methodist  and 
Presbyterian  Churches  had  each  tendered  the  use  of  their  buildings. 

And  thereupon,  Mr.  Swain  moved  that  when  the  Convention  ad- 
journs, it  adjourn  to  meet  to-morrow  at  12  o'clock,  in  the  Presbyte- 
rian Church  ;  which  was  agreed  to. 

On  motion,  the  Convention  adjourned. 


SATURDAY,  JUNE  6,  1835. 
The  Convention  met  pursuant  to  adjournment. 
The  following  Delegates  appeared,  produced  their  credentials 
Were  qualified,  and  took  their  seats: 

Halifax — Joseph  J.  Daniel. 

Northampton — Samuel  Calvert. 

Gates — Riddick  Gatling,  Whitmel  Stallings. 

Lenoir — James  Cox. 

Mecklenburg — James  M.  Hutcheson,  Isaac  Grier. 

Fancy — Abner  Jervis,  Bacchus  J.  Smith. 

Mr.  McQueen  submitted  the  following  Resolution,  which  lie*  on 
the  table: 


JOURNAL   OF  THE    CONVENTION.  9 

Resolved,  That  a  Committee  of  two  Delegates,  to  be  chosen  from  each 
Congressional  District  in  the  State,  be  appointed  by  the  Chair,  to  consider 
so  much  of  the  thirteenth  clause  of  the  act  passed  at  the  last  session  of  the 
General  Assembly,  amendatory  of  the  Constitution,  as  relates  to  the  sub- 
ject of  Representation,  and  that  they  report  to  the  Convention. 

Mr.  Shober  submitted  the  following  Resolution,  which  lies  on  the 
table: 

Resolved,  That  as  far  as  regards  representation  in  the  Senate,  it  be  re- 
ferred to  a  Committee  to  consisc  of  two  members  from  each  Congressional 
District  in  the  State.  That  as  far  as  regards  representation  in  the  House 
of  Commons,  it  be  referred  to  a  Committee  to  consist  of  two  members  from 
each  Congressional  District  in  the  State.  That  the  other  points  laid  down 
in  the  Convention  Act,  as  adopted  by  the  people,  be  taken  up  in  Committee 
of  the  Whole,  and  be  there  considered  article  by  article. 

Mi*.  King  introduced  the  following  Resolution,  which  lies  on  the 
table: 

Resolved,  That  as  many  copies  of  Journals  of  the  proceedings  of  the  Con- 
vention that  ratified  the  Constitution  of  the  United  States,  or  those  copies 
of  Journals  of  the  Convention  of  the  State  of  .North-Carolina  that  ratified 
our  present  Constitution,  or  the  Convention  Journals  of  any  State  in  our 
Union,  that  may  be  within  the  knowledge  of  any  member,  be  tendered  for 
the  information  of  this  Convention,  and  to  be  disposed  of  hereafter  as  may 
be  directed. 

On  motion  of  Mr.  Edwards,  the  Convention  took  up  for  conside* 
ration  the  following  Resolution: 

Resolved,  That  a  Committee  of  members  be  appointed  to  consider 

and  report  the  manner  in  which  it  will  be  expedient  to  take  up  the  business 
of  this  Convention. 

On  motion  of  Mr.  Swain,  the  blank  was  filled  with  u  thirteen  ;'* 
and  the  Resolution  was  adopted. 

Whereupon,  the  President  appointed  as  the  Committee,  Messrs. 
Bailey,  Branch,  Williams,  of  Pitt,  Gaston,  of  Craven,  Meares,  Ed- 
wards, Toomer,  Smith,  of  Orange,  Morehead,  Fisher,  Barringer, 
Swain  and  Franklin. 

On  motion  of  Mr.  Morehead,  the  Convention  took  up  for  consid- 
eration, the  Resolutions  introduced  by  him  on  yesterday. 

On  motion  of  Mr.  Daniel, 

Ordered,  that  the  Resolutions  lie  upon  the  table. 

On  motion  of  Mr.  Giles,  the  Convention  took  up  for  consideration 
and  adopted  the  following  Resolution: 

Resolved,  That  a  Committee  of  three  be  appointed  to  prepare  and  cause 
to  be  printed  for  the  use  of  the  Convention,  the  Census  of  this  State  for 
1820  and  1830,  with  a  Tabular  Statement  of  the  Public  Taxes,  white  and 
black  polls,  also,  the  federal  numbers  of  the  counties  of  this  State,  to  be 
compiled  from  the  Revenue  Lists  of  1831,  1832  and  1833;  and  that  the 
Printer  furnish  each  member  of  this  House  with  a  copy  of  the  Constitution 
of  this  State. 


10  JOURNAL    OF   THE    CONVETNTIONv 

Messrs.  Giles,  Smith,  of  Orange,  and  Jacocksform  the  Committee* 
On  motion,  the  Convention  adjourned  until  Monday  morning, 
10  o'clock. 


MONJ)Mr,  JUNE  8,  1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  McPheeters,  of  the  Presbyterian  Church. 

The  following  Delegates  appeared,  produced  their  credentials, 
were  qualified,  and  took  their  seats: 

Chowan — Joseph  B.  Skinner  and  Samuel  T.  Sawyer. 
Washington — Josiah  Collins,  jun. 
New -Hanover — Owen  Holmes. 

Mr.  Spaight,  of  Craven,  from  the  Committee  heretofore  appointed 
to  prepare  Rules  of  Order  for  the  government  of  the  Convention,  re- 
ported the  following,  to-wit  : 

1.  When  the  President  takes  the  Chair,  each  member  shall  take 
his  seat,  and  on  the  appearance  of  a  quorum,  the  Journal  of  the  pre- 
ceding day  shall  be  read. 

2.  When  any  member  is  about  to  speak  in  debate,  or  deliver  any 
matter  to  the  Convention,  he  shall  rise  from  his  seat  and  respectful- 
ly address  himself  to  the  President,  and  shall  confine  himself  to  the 
question  under  debate,  and  avoid  personality.  And  when  two  or 
more  members  happen  to  rise  at  once,  the  President  shall  name  the 
one  who  is  first  to  speak.    No  membershr.il  speak  oftener  than  twice 

,  on  the  same  question,  without  leave  of  the  Convention.  And  when 
any  member  is  speaking,  he  shall  not  be  interrupted  by  any  person, 
either  by  speaking,  or  by  standing,  or  passing  between  him  and  the 
Chair. 

3.  If  any  member,  in  speaking,  or  otherwise,  transgress  the  rules 
of  the  Convention,  the  President  shall,  or  any  member  may  call  to 
order ;  in  which  case,  the  member  so  called  to  order  shall  immedi- 
ately sit  down,  unless  permitted  to  explain ;  and  the  Convention 
shall,  if  appealed  to,  decide  on  the  case,  but  without  debate.  If 
there  be  no  appeal,  the  decision  of  the  Chair  shall  be  submitted  to. 
If  the  decision  be  in  favor  of  the  member  called  to  order,  he  shall  be 
at  liberty  to  proceed  ;  if  otherwise,  and  the  case  require  it,  he  shall 
be  liable  to  the  censure  of  the  Convention. 

4.  If  any  member  be  called  to  order  for  words  spoken,  the  excep- 
tionable words  shall  immediately  be  taken  down  in  writing,  that  the 
President  may  be  better  enabled  to  judge  of  the  matter. 

5.  When  a  question  is  under  debate,  no  motion  shall  be  received 
but  to  adjourn,  to  lie  on  the  table,  to  postpone  indefinitely,  to  post- 
pone to  a  dny  certain,  to  commit,  or  to  amend;  which  several  mo- 


JOURNAL    OF    THE    CON VENTIOK.  11 

tions  shall  have  precedence  in  the  order  they  stand   arranged,   and 
the  motion  for  adjournment  shall  always  be  in  order. 

6.  Whenever  a  question  shall  be  divisible,  upon  motion,  the  same 
shall  be  divided  ;  and  the  question  shall  be  put  upon  the  several 
parts  into  which  it  is  divided,  according  to  the  order  in  which  they 
arise,  unless  the  decision  of  the  one  shall  preclude  the  other. 

7.  The  President  shall  state  the  question  sitting,  but  shall  put  the 
same  standing.  Questions  shall  he  distinctly  put  in  this  form: — 
"As  many  as  arc  of  opinion  that  (as  the  case  may  be)  say  aye;  and 
and  after" the  affirmative  voice  is  expressed — "As  many  as  are  of  a 
contrary  opinion,  say  no."  If  the  President  doubt  as  to  the  voice 
of  the  majority,  or  a  division  of  the  question  he  called  for,  the  Pre- 
♦lcnt  shall  call  on  those  in  the  affirmative  of  the  question  to  rise  from 
their  seats,  and  afterwards  those  in  the  negative.  If  the  President 
still  doubt,  or  a  count  be  required,  the  President  shall  name  two 
members,  one  from  each  side,  to  tell  the  number  in  the  affirmative  ; 
which  being  reported,  he  shall  then  name  two  others,  one  on  each 
side,  to  tell  those  in  the  negative  ;  which  being  also  reported,  he  shall 
state  the  division  to  the  Convention,  and  announce  its  decision.  No 
member  who  was  without  the  bar  of  the  Convention  when  any  ques- 
tion was  put  from  the  Chair,  shall  enter  his  yea  or  nay  without  leave, 
unless  he  shall  have  been  absent  on  some  Committee  or  business  of 
the  Convention,  by  leave  of  the  same. 

8.  The  Yeas  and  Nays  of  the  Members  of  the  Convention,  on  any 
question,  shall,  at  the  desire  ot  one-fifth  of  those  present,  be  td]<Q\\ 
and  entered  on  the  Journal  of  the  Convention. 

9.  When  any  member  shall  make  a  motion  which  is  not  one  of 
course,  he  shall  reduce  the  same  to  writing,  if  required. 

10.  In  all  cases,  whether  by  ballot  or  otherwise,  the  President  shall 
be  entitled  to  a  vote ;  and  when  the  votes,  affirmative  and  negative, 
upon  any  question,  shall  be  equal,  the  question  shall  be  lost. 

11.  When  a  question  has  been  once  decided,  it  shall  be  in  order 
for  any  member  in  the  majority  to  move  for  a  reconsideration  there- 
of, on  the  same  or  succeeding  day. 

12.  After  a  proposition  or  ordinance  has  been  once  rejected  oi 
postponed  indefinitely,  another  of  like  provisions  shall  not  be  intro 
duccd  during  the  session  of  this  Convention. 

15.  Every  proposition  to  amend  the  Constitution  of  the  State  o 
ordinance  proposed,  shall  be  read  three  several  times,   and  passe 
three  several  leadings,  which  readings  shall  be  on  three  several  days 
before  it  shall  become  the  act  or  ordinance  of  the  Convention.    Tl 
first  reading  shall  be  for  information  only,   and  the  proposition  < 
proposed  ordinance  shall  not  then  be  open  to  amendment  or  debate 
and  no  question  shall  be  put  on  that  reading,  but  the  same  shall,  p 
ter  being  read,  be  declared  by  the  President  to  have  passed  its  fii 
reading.     Upon  the  second  and  third  readings,   the  proposition 
proposed  ordinance  shall  bo  open  to  amendment  and  debate. 


12  JOURNAL   OF   THE   CONVENTION. 

14.  The  President  shall  designate  the  members  who  shall  compose 
all  Committees,  except  when  otherwise  ordered ;  and  the  Commit- 
tees of  this  Convention  shall  consist  of  five  members,  unless  the 
Convention  shall  otherwise  determine. 

15.  "When  the  Convention  resolves  itself  into  a  Committee  of  the 
Whole,  the  President  shall  leave  the  Chair  and  appoint  a  Chairman ; 
and  when  at  any  time  the  President  shall  wish  or  be  disposed  to 
leave  the  Chair,  he  shall  have  power  to  appoint  a  President  pro  tern. 

16.  In  case  of  any  disturbance  or  disorderly  conduct  in  the  Galle- 
ry or  Lobby,  the  President  or  Chairman  of  the  Committee  of  the 
Whole  Convention,  shall  have  power  to  have  the  same  cleared. 

17.  No  person  shall  come  upon  the  floor  where  the  Convention 
holds  its  sessions,  during  the  session  of  the  same,  except  Ministers 
of  the  Gospel  who  have  been  invited  by  the  Convention ;  but  the 
Galleries  are  declared  open  for  the  accomodation  of  all  persons. 

18.  Any  member  dissatisfied  with  the  decision  of  the  President, 
on  any  question  of  order,  may  appeal  to  the  Convention. 

19.  When  the  Convention  adjourns,  the  members  shall  keep  their 
seats  until  the  President  leaves  the  Chair. 

20.  Motions  for  adjournment,  and  to  lie  on  the  table,  shall  be  de- 
cided without  debate. 

21.  All  cases  which  may  arise,  not  embraced  within  the  foregoing 
Rules,  shall  be  determined  according  to  the  Parliamentary  usages, 
as  laid  down  by  Jefferson,  in  his  Manual. 

22.  The  Rules  for  the  government  of  the  Convention  shall  not  be 
amended  or  altered,  without  giving  at  least  one  day's  notice  of  such 
amendment  or  alteration,  except  by  the  consent  of  two  thirds  of  the 
members  present. 

The  foregoing  Rules  were  read  and  adopted  ;  and  on  motion  of 
Mr.  Speight,  of  Greene,  ordered  that  two  hundred  copies  be  printed 
for  the  use  of  the  Convention. 
On  motion  of  Mr.  Morehead, 

Ordered,  That  the  regular  hour  to  which  this  Convention  shall  stand  ad- 
ourned,  be  10  o'clock,  A.  M.  unless  otherwise  ordered. 

Mr.  Gaston,  of  Craven,  from  the  Committee  of  Thirteen,  made 

ie  following  Report: 
The  Committee  who  were  appointed  by  the  Convention  to  consider 

'id  report  the  manner  in  which  it  will  be  expedient  to  take  up  the 

isiness  of  the  Convention,  respectfully  report: 

It  appears  to  your  Committee  that  the  business  of  the  Convention 

ill  be  most  conveniently  brought  before  the  Convention  by  their 
occeding  to  consider  and  act  upon  the  following  Resolutions,  which 
e  therefore  reported  simply  as  presenting  a  plan  of  operations, 
d  not  as  indicating  an  opinion  on  the  merits  of  the  Resolutions: — 


JOURNAL   OF   THE    CONVENTION.  13 

1.  Resolved,  That  so  much  of  the  Act,  entitled  "An  Act  concerning  a 
Convention  to  amend  the  Constitution  of  the  State,"  which  Act  has  been  ra- 
tified by  the  people,  as  directs  amendments  to  be  made  to  the  Constitution  of 
thisState,soasto  reduce  the  number  of  the  members  of  the  Senate' to  not  less 
than  thirty-four,  nor  more  than  fifty,  to  be  elected  by  districts,  to  be  laid  off 
at  convenient  and  prescribed  periods  by  counties  in  proportion  to  the  pub- 
lic taxes  paid  into  the  Treasury  of  the  State  by  the  citizens  thereof  j  also,  so 
much  of  said  Act  as  directs  an  amendment  to  be  made  to  the  said  Constitution, 
whereby  to  reduce  the  number  of  members  in  the  House  of  Commons  to 
not  less  than  ninety,  nor  more  than  one  hundred  and  twenty,  exclusive  of 
Borough  Members,  to  be  apportioned  according  to  federal  population  ;  and 
also  so  much  thereof  as  relates  to  the  residence  and  qualification  of  per- 
sons voting  for  a  Senator  and  of  persons  eligible  to  the  Senate,  be  referred  to 
a  Committee  of  13  members,  one  of  whom  shall  be  selected  from  each  of 
the  Congressional  Districts  of  this  State,  with  instructions  to  frame  and  re- 
port the  amendments  as  by  said  Act  required. 

2.  Resolved,  That  so  much  of  the  said  Act  as  directs  a  mode  to  be  pre- 
scribed for  the  ratification  of  such  amendments  as  may  be  recommended  by 
the  Convention;  also,  so  much  thereof  as  directs  necessary  ordinances  and 
regulations  to  be  prescribed  for  the  purpose  of  giving  operation  and  effect 
to  the  Constitution  as  altered  and  amended;  and  also  so  much  thereof  as  di- 
rects that  the  Convention  shall  provide  in  what  manner  amendments  shall 
in  future  be  made  to  the  said  Constitution;  be  referred  to  a  Committee  of 
thirteen  members,  to  be  selected  as  in  the  foregoing  Resolution,  with  in- 
structions to  frame  and  report  the  necessary  provisions  for  the  purpose  of 
carrying  the  said  directions  into  execution. 

3.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  are  proper  to  be  made  to  the  Con- 
stitution of  this  State,  as  to  the  exclusion  in  whole,  or  in  part,  of  Borough 
Members  from  the  House  of  Commons. 

4.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  are  proper  to  be  made  to  the  said 
Constitution,  as  to  the  abrogation  or  restriction  of  the  right  of  free  negroes 
or  mulattoes  to  vote  for  members  ot  the  Senate  or  House  of  Commons. 

5.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  are  proper  to  be  made  to  the  said  Con- 
stitution, to  disqualify  members  of  the  Assembly,  and  officers  of  the  State, or 
those  who  hold  places  of  trust  under  the  authority  of  this  State,  from  being 
or  continuing  such  while  they  hold  any  other  office  or  appointment  under 
the  government  of  this  State,  or  the  United  States,  or  any  other  Govern- 
ment. 

6.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  should  be  made  to  the  said  Consti- 

j  tution,  so  as  to  make  the  capitation  tax  on  slaves  and  free  white  polls 
I  equal. 

7.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  be  necessary  in  the  mode  of  appoint- 
ing and  removing  from  office  Militia  Officers  and  Justices  of  the  Peace. 

8.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  be  proper  to  compel  members  of  the 
General  Assembly  to  vote  viva  voce,  in  the  election  of  officers. 

9.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 


14  JOURNAL  Of  THE  CONVENTION. 

ther  any,  and  if  any,  what  amendments  be  proper  to  be  made  in  the  32d 
Article  of  the  Constitution. 

10.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  be  proper  to  be  made  in  the  Consti- 
tution for  supplying  vacancies  in  the  General  Assembly,  occurring  before 
the  meeting  of  the  General  Assembly. 

11.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  be  proper  to  provide  for  biennial 
instead  of  annual  meetings  of  the  General  Assembly,  and  for  the  biennial 
instead  of  tri-annual  election  cf  Secretary  of  State. 

12.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments,  be  proper  to  provide  for  the  elec- 
tion of  Governor  by  the  qualified  voters  for  members  of  the  House  of  Com- 
mons, and  prescribing  the  term  for  which  he  may  be  elected,  and  the  num- 
ber of  terms  during  which  he  shall  be  eligible. 

15.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  ma}  be  proper,  providing  that  the 
Attorney  General  shall  be  elected  for  a  term  of  years. 

14.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report 
whether  any,  and  if  any,  what  amendments  should  be  made  providing  a  tri- 
bunal whereby  Judges  of  the  Supreme  and  Superior  Courts  and  other  Offi- 
cers of  the  State,  may  be  impeached  and  tried  for  corruption  and  mal-prac- 
tices  in  office. 

15.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report 
whether  any,  and  if  any,  what  amendments  should  be  made  vacating  the 
office  of  a  Justice  of  the  Peace,  and  disqualifying  him  from  holding  such  ap- 
pointment upon  conviction  of  an  infamous  crime,  or  of  corruption  and  mal- 
practice in  office. 

16.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report 
whether  any,  and  if  any,  what  amendments  should  be  made,  providing  for 
the  removal  of  any  of  the  Judges  of  the  Supreme  or  Superior  Courts  for 
mental  or  physical  inability,  upon  a  concurrent  Resolution  of  two-thirds  of 
both  branches  of  the  Legislature. 

17.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report 
whether  any,  and  if  any,  what  amendments  should  be  made,  providing  that 
the  salaries  of  the  Judges  shall  not  be  diminished  during  their  continuance 
in  office. 

18.  Resolved,  That  a  Committee  be  appointed  to.  enquire  and  report 
whether  any  amendments  ought  to  be  made,  and  if  so,  what  amendments 
are  proper,  to  provide  against  unnecessary  private  legislation. 

19.  Resolved,  That  a  Committee  be  appointed  to  enquire  and  report 
whether  it  be  proper  to  make  any  amendment,  and  if  Sb,  what  amendment, 
so  as  to  provide  that  no  Judge  of  the  Supreme  Court  shall  be  eligible  to  anv 
office,  nor  any  Judge  of  the  Superior  Court  to  any  other  office  than 
that  of  Judge  of  the  Supreme  Court,  while  retaining  his  judicial  appoint- 
ment. 

On  motion  of  Mr.  Dockery, 

Ordered,  That  the  said  Report  be  printed. 

On  motion  of  Mr.  Swain,  the  Committee  took  up  for  considera- 
tion the  1st  and  2d  Resolutions. 

Mr.  Wilson,  of  Perquimons,  moved  to  amend  the   1st  Resolution 


JOURNAL    OF   THE    CONVENTION.  15 

by  striking  out  the  words  "thirteen  members,  one  of  whom  shall  be 
selected  from  each  of  the  Congressional  Districts,"  and  inserting 
the  words  "twelve  members,  two  of  whom  shall  be  selected  from  each 
Judicial  District. 

The  question  thereon  was  decided  in  the  negative.  Yeas  51 — 
Nays  75. 

The  Yeas  and  Nays  were  ordered  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr. Wilson,  of  Perquimons. 
Those  who  voted  in  the  affirmative  were 

Messrs*  Outlaw,  Roulhac,  Hill,  Hall,  McPherson,  Ferebee,  Bryan, 
Sawyer,  Skinner,  Baxter,  Pearsall,  Hussey.  Wilson  (Edgecomb)  Sugg, 
Ruffin,  Gatling,  Stallings,  Branch,  Daniel,  Pipkin,  Rayner,  Hodges,  Gas- 
ton (Hyde,)  Adams,  Wilder,  Huggins,  Howard,  Cooper,  Biggs,  Arrington, 
Holmes,  Marsteller,  Calvert,  Gary,  Averitt,  Sanders,  Bailey,  Ramsay, 
(Pasquctank,)  Wilson  (Perquimons,)  Jacocks,  Powell  (Robeson,)  Faison, 
Spruill,  Halsey,  Jones  (Wake,)  Seawell,  Edwards,  Collins,  Norcom,  She- 
rard,  and  Whitfield— 51  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Morris,  Bower,  Owen,  Gudger,  Mel chor,  Graves,  Troy,  Gaston 
(Craven,)  Hogan,  Gilliam,  Hooker,  Welch,  Young,  Cansler,  Hutcheson, 
Gaines,  Boddie,  Chambers,  Gray,  Harrington,  Lesueur,  Carson,  Moore, 
Dobson,  Wrellborn,  White,  Tayloe,  Andres,  Gaither,  Styron,  Ramsay, 
(Chatham,)  Powell,  (Columbus,)  McDiarmid,  Hargrave,  Crudup,  More- 
head,  Cathey,  Cox,  Brittain,  Grier,  Kelly,  Montgomery,  Williams,  f  Person,) 
Elliott,  Bunting,  Giles,  Birchett,  Shober,  Macon,  Smith,  (Yancey,)  Mc- 
Millan, Bonner,  Swain,  Barringer,  Lea,  McQueen,  Spaight,  (Craven)  Toc- 
mer,  Williams  (Irahklin, )  Speight,  (Greene,)  Parker,  King,  Shipp,  Guinn, 
Martin,  Chalmers,  Smith  (Orange,)  Williams  (Pitt,)  Dockery,  Brodnax, 
Fisher,  Meares,  Franklin,  Jones,  (IVilkes,)  Jervis — 75  Nays. 

On  motion  of  Mr.  Shober,  the  said  Resolution  was  amended  by 
striking  out  the  numbers  "thirteen"  and  "one,"  and  inserting  "twen- 
ty-six" and  "two;"  and  the  Resolution  was  adopted. 

Messrs.  Bailey,  Wilson,  of  Perquimons,  Daniel,  Outlaw,  Halsey, 
Collins,  Spaight,  of  Craven,  Speight,  of  Greene,  Holmes,  Owen, 
Crudup,  Williams,  of  Franklin,  Toomer,  Kelly,  Smith,  of  Orange, 
Jones,  of  Wake,  Gray,  Barringer,  Hutcheson,  Swain,  Carson,  King 
Bower,  Morehead,  Brodnax  and  Fisher  compose  the  Committee. 
On  motion  of  Mr.  Smith,  of  Orange, 

Ordered,  That  the  2d  Resolution  lie  on  the  table. 
And  on  motion,  the  Convention  adjourned. 


TUESDAY,  JUNE  9,  1835. 
The  Convention  met  pursuant  to  adjournment.      Prayer  by  the 
Rev.  Mr.  Jamieson,  of  the  Methodist  Episcopal  Church. 


16  JOURNAL  OF  THE  CONVENTION. 

Mr.  Jacocks  moved  that  the  Convention  do  now  take  up  for  con- 
sideration the  Resolution  introduced  by  him  on  Friday ;  which  be- 
ing agreed  to,  he  submitted  the  following  as  a  substitutes 

Resolved,  That  the  Committee  instituted  to  prepare  statistical  statements 
for  the  use  of  this  Convention,  cause  to  be  attached  thereto  the  number  of 
votes  taken  in  each  county  of  the  State  upon  the  Convention  question,  on 
the  1st  and  2d  of  April  last. 

On  motion  of  Mr.  Wilson,  of  Perquimons,  the  Resolution  was 
amended  by  adding  thereto,  "and  that  said  Committee  enquire  and 
report  the  number  of  free  white  men  in  each  county  in  the  State,  of 
twenty  years  and  upwards." 

On  motion  of  Mr.  Gaither,  the  Resolution  was  amended  by  adding 
thereto,  "  also  the  vote  for  and  against  a  Convention,  which  was 
given  at  the  August  Elections  of  1833." 

And  on  motion  of  Mr.  Swain,  the  Resolution  was  further  amend- 
ed by  striking  out  so  much  of  the  Resolution  as  proposes  to  refer  the 
several  subjects  to  a  Committee  heretofore  raised,  and  insert  in  lieu 
thereof,  "that  a  Committee  of  three  be  appointed  to  report." 

The  Resolution  was  read  as  amended  ;  and  on  the  question  that  it 
be  adopted,  it  was  determined  in  the  affirmative. 

The  President  then  appointed  Messrs.  Jacocks, Gaither,  and  Jones 
of  Wake,  to  compose  the  Committee. 

Mr.  King  moved  that  the  Convention  take  up  the  Resolution  in- 
troduced by  him  on  Saturday,  upon  the  subject  of  collecting  copies 
of  the  Journals  of  the  several  Conventions  therein  named,  for  the 
use  of  this  Convention  ;  which  was  not  agreed  to. 

On  motion  of  Mr.  Smith,  of  Orange,  the  Convention  took  up  for 
consideration  the  2d  Resolution  contained  in  the  Report  made  by 
Mr.  Gaston,  of  Craven,  on  yesterday. 

Mr.  Wilson,  of  Perquimons,  moved  to  amend  the  Resolution  by 
striking  out  the  words  "  thirteen  members,  to  be  selected  as  in  the 
foregoing  Resolution,"  and  to  insert  in  lieu  thereof  "  twelve  mem- 
bers, two  of  whom  shall  be  selected  from  each  Judicial  District." 
Mr.  McQueen  called  for  a  division  of  the  question. 

And  the  question  being  on  striking  out,  it  was  decided  in  the  ne- 
gative.    Yeas  61— Nays  65. 

The  Yeas  and  Nays  were  ordered  on  the  call  of  Mr.  Jacocks- 

Those  who  voted  in  the  affirmative  were 

Messrs.  Adams,  Arlington,  Averitt,  Bonner,  Bryan,  Baxter,  Branch, 
Biggs,  Bailey,  Bunting,  Brodnax,  Cooper,  Calvert,  Collins,  Daniel,  Ed- 
wards, Ferebee,  Faison,  Gatling,  Gaston  (Hyde,)  Gary,  Hall,  Hill,  Hus- 
sey,  Hodges,  Huggins,  Howard,  Halsey,  Holmes,  Jones  (Wake,)  Joiner, 
Jacocks,  McPherson,  Marsteller,  Meares,  Norcom,  Outlaw,  Powell  (Co- 
lumbus,) Powell  (Robeson,)  Pearsall,  Pipkin,  Ruffin,  Rayner,  Ramsay 
(Perquimons,)  Rouihac,  Styron,  Sawyer,  Skinner,  Sugg,  Stallings,  San- 
ders, Seawell,  Sherard,  Spruill,  Tayloe,  Troy,  Wilson  (Edgecomb,)  Wil- 
liams (Franklin,)  Wilson  (Perquimons,)  Whitfield,  Wilder — 61  Yeas. 


JOURNAL  OF  THE  CONVENTION.  17 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Bower,  Barringer,  Brittain,  Birchett,  Boddie,  Crudup, 
Cathey,  Cox,  Cansler,  Chalmers,  Chambers,  Carson,  Dockery,  Dobson, 
Elliott,  Fisher,  Franklin, Gaither,Graves,  Gaston  (Craven,)  Gilliam, Guinn, 
i&rier,  Gray,  Gaines,  Giles,  Gudger,  Hogan,  Hargrave,  Hutcheson,  Har- 
rington, Jervis,  Jones  (JVilkes,)  King,  Kelly,  Lea,  Lesueur,  Macon,  Mc- 
Queen, Morris,  McMillan,  Melchor,  McDiarmid,  Morehead,  Martin,  Mont- 
gomery, Moore,  Owen,  Parker,  Ramsay  (Chatham,)  Swain,  Spaight  (Cra- 
ven,) Speight  (Greene,)  Shipp,  Smith  (Orange,)  Smith,  (Fancy,)  Shober, 
Toomer,  White,  Welch,  Williams  (Person,)  Williams  (Pitt,)  Wellborn, 
and  Young — 65  Nays. 

On  motion  of  Mr.  Gaston,  of  Craven,  the  Resolution  was  amend- 
ed by  inserting  after  the  word  "members,"  the  words  "one  of  whom 
shall  be  selected  from  each  of  the  Congressional  Districts  of  this 
State." 

And  on  the  question  that  the  Resolution  be  adopted,  it  was  deter- 
mined in  the  affirmative. 

Messrs.  Skinner,  Branch,  Wilson,  of  Edgecomb,  Bryan,  Meares, 
Gilliam,  Toomer,  Montgomery,  Shober,  Giles,  Shipp,  Birchett,  and 
Dobson,  were  appointed  to  compose  the  Committee. 

On  motion  of  Mr.  Gaston,  of  Craven,  the  other  Resolutions  re- 
ported by  him  were  severally  referred  to  Committees  of  the  Whole 
Convention. 

And  on  motion,  the  Convention  adjourned. 


WEDNESDAY,  JUNE  10,  1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  McPheeters,  of  the  Presbyterian  Church. 

Mr.  Council  Wooten,  one  of  the  Delegates  elect  from  the  county 
of  Lenoir,  appeared,  produced  his  credentials,  was  qualified  and 
took  liis  seat.. 

Mi*.  Jacocks,  from  the  Committee  appointed  to  report  the  number 
of  votes  given  on  the  1st  and  2d  of  April  last,  and  at  the  August 
Elections  in  1833,  in  each  county  in  the  State,  upon  the  proposition 
to  call  a  Convention,  and  also  the  number  of  white  male  persons  in 
each  county  of  twenty  years  and  upwards,  agreeably  to  the  Census 
of  1830,  reported, 

That  from  the  returns  to  the  Governor,  it  appears  that  at  the  Elections  in 
August,  1833,  there  were  twenty-nine  thousand,  five  hundred  and  five  votes 
given  in  favor  of  a  Convention,  in  thirty  counties  of  the  State — the  other 
counties  making  no  returns,  and  it  is  believed  they  did  not  vote. 

The  number  of  votes  taken  on  the  1st  and  2d  of  April  last,  agreeably  to 
returns  also  made  to  the  Governor,  are  forty-nine  thousand,  two  hundred 
and  forty-four,  of  which  twenty -seven  thousand,  five  hundred  and  fifty  were 

3 


18  JOURNAL    OF   THE    CONVENTION. 

*lFor  Convention" — and  twenty-one  thousand,  six  hundred  and  ninety-four 
^Against  Convention. "  Majority  for  Convention,  five  thousand,  eight  hun- 
dred and  fifty-six. 

From  the  Census  of  1830,  it  appears  that  there  were  in  the  State,  at  that 
time,  ninety-seven  thousand,  six  hundred  and  thirty-three  male  white  per- 
sons, of  twenty  years  of  age  and  upwards. 

The  Report  was  read,  and  on  motion  of  Mr.  Edwards,  ordered  to 
be  printed  with  the  tabular  statements  accompanying  the  same;  and 
on  motion  of  Mr.  Jacocks, ordered  that  two  additional  copies  be  print- 
ed for  each  member. 

Mr.  Lesueur  submitted  the  following  Resolution: 

Resolved,  That  the  Committee  to  whom  was  referred  so  much  of  the 
Act -entitled  "An  Act  concerning  a  Convention  to  amend  the  Constitution 
of  the  State,"  which  Act  has  been  ratified  by  the  people,  as  relates  to  fixing 
the  representation,  be  instructed  (by  calculation)  to  ascertain  and  report 
the  number  of  Representatives  in  the  House  of  Commons,  and  the  number 
of  Senators,  within  the  limits  prescribed  by  said  Act,  which  will  give  to 
each  county,  or  portion  of  the  State,  nearest  its  fair  and  equal  number  of 
members  in  both  Houses  of  the  General  Assembly  of  the  State,  upon  the 
basis  laid  down  in  the  said  Act. 

Mr.  Smith,  of  Orange,  moved  that  the  Convention  resolve  itself 
into  a  Committee  of  the  Whole,  and  take  up  the  11th  Resolution  in 
ihe  Report,  Which  was  heretofore  referred  to  that  Committee. 

And  on  the  question  that  the  Convention  go  into  Committee  of  the 
"Whole  on  the  11th  Resolution,  it  was  determined  in  the  negative. 

The  Convention,  on  motion  of  Mr.  Speight,  of  Greene,  resolved 
itself  into  a  Committee  of  the  Whole,  Mr.  Swain  in  the  Chair,  on 
the  3d  Resolution  in  the  Report,  proposing  that  a  Committee  be  ap- 
pointed to  enquire  what  amendments,  if  any,  are  proper  to  he  made 
to  the  Constitution  of  this  State,  as  to  the  exclusion  in  whole  or  in 
part  of  Borough  Members  from  the  House  of  Commons. 

After  some  time  spent  therein,  the  President  resumed  the  Chair, 
and  Mr.  Swain  reported  that  the  Committee  had,  according  to  or- 
der, had  the  said  Resolution  under  consideration,  and  made  progress 
therein;  but  not  having  gone  through  the  same,  had  instructed  him 
to  move  for  leave  to  sit  again. 

And  on  the  question  that  the  Committee  of  the  Whole  Convention 
have  leave  to  sit  again,  it  was  determined  in  the  affirmative. 
On  motion  of  Mr.  Smith,  of  Orange, 

Resolved,  That  the  regular  hour  to  which  this  Convention  shall  stand  ad- 
journed be  9  o'clock,  A.M.  until  otherwise  ordered. 

And  on  motion,  the  Convention  adjourned. 


THURSDAY,  JUNE  11,  1835. 

The  Convention  met  pursuant  to  adjournment.      Prayer  by  the 
Rev.  Mr.  Jamieson,  of  the  Methodist  Episcopal  Church. 


JOURNAL   OF   THE    CONVENTION.  19 

On  motion  of  Mr.  Edwards, 

Resolved,  That  whenever  the  Convention  shall  order  any  paper  or  docu- 
ment to  be  printed,  there  shall  be  one  hundred  and  fifty  copies,  unless  when 
otherwise  directed. 

The  Convention,  on  motion  of  Mr.  Edwards,  again  resolved  itself 
into  a  Committee  of  the  Whole,  Mr.  Daniel  in  the  Chair,  on  the  3d 
Resolution,  proposing  that  a  Committee  be  appointed  to  enquire 
what  amendments,  if  any,  are  proper  to  be  made  to  the  Constitution 
of  this  State,  as  to  the  exclusion  in  whole  or  in  part  of  Borough  Mem- 
bers from  the  House  of  Commons.  And  after  some  time  spent  there- 
in, the  President  resumed  the  Chair,  and  Mr.  Daniel  reported  that 
the  Committee  had,  according  to  order,  again  had  the  said  Resolu- 
tion under  consideration  and  made  no  amendment  thereto. 

The  Convention  proceeded  to  consider  the  said  Resolution;  where- 
upon Mr.  Smith,  of  Orange,  moved  to  amend  the  Resolution  by  strik- 
ing out  all  after  the  word  "Resolved,"  and  inserting  in  lieu  thereof 
as  follows: 

"  That  it  is  expedient  to  abolish  Borough  Representation  en- 
tirely." 

Mr.  Gaston,  of  Hyde,  moved  to  amend  the  amendment  by  strik- 
ing out  the  word  "entirely,"  and  inserting  in  lieu  thereof  the  words 
"except  the  towns  of  Edenton,  Newborn  and  Wilmington." 

On  this  question  the  Yeas  and  Nays  were  required  by  one-fifth 
of  the  members  present,  on  ihe  call  of  Mr.  Gaston,  of  Hyde. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Bryan,  Baxter,  Bailey,  Cox,  Collins,  Gaston  (Craven,)  Gaston 
(Hyde,)  Gary,  Hill,  Hooker,  Huggins,  Halsey,  Joiner,  Norcom,  Owen, 
Rarnsay  (Pasquotank,)  Skinner,  Spaight  (Craven,)  Sanders,  Spruill,  Too- 
mer,  Williams  (Pitt,)  Young — 23  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Averitt,  Arrington,  Adams,  Bower,  Bonner,  Barringer, 
Branch,  Brittain,  Biggs,  Bunting,  Birchett,  Brodnax,  Boddie,  Crudup,Ca- 
they,  Cansler,  Cooper,  Chalmers,  Calvert,  Chambers,  Carson,  Daniel, 
Dockery,  Dobson,  Elliot,  Edwards,  Ferebee,  Fisher,  Faison,  Franklin, 
Gatling,  Gaither,  Graves, , Gilliam,  Guinn,  Grier,  Gaines,  Gray,  Gudger, 
Hall,  Hogan,  Hargrave,  Hussey,  Hodges,  Howard,  Hutcheson,  Harring- 
ton, Holmes,  Jones  (Wake,)  Jones  (Wilkes,)  Jervis,  Jacocks,  King,  Kel- 
ly, Lea,  Lesueur,  Macon,  McQueen,  Morris,  McMillan,  Melchor,  Mc- 
pherson, McDiarmid,  Marchant,  Morehead,  Martin,  Marsteller,  Mont- 
gomery, Meares,  Moore,  Outlaw,  Powell  (Columbus,)  Powell  (Robeson,) 
Pearsall,  Parker,  Pipkin,  Ruffin,  Ramsay  (Chatham,)  Rayner,  Swain,  Sty- 
ron,  Sawyer,  Sugg,  Stallings,  Speight  (Greene,)  Shipp,  Smith  (Orange,) 
Smith  (fancy,)  Seawell,  Sherard,  Shober,  Tayloe,  Troy,  White,  Wilson 
(Edgecomib,)  Wilson  (Perquimons,)  Williams  (Iranklin,)  Williams  (Per- 
son,) Welch,  Whitfield,  Wellborn,  Wilder,  and  Wooten— 104  Nays. 

So  the  Convention  refused  to  amend  the  amendment.     Yeas  23 — 
Nays  104. 
The  qustion  now  recurring  on  the  amendment  submitted  by  Mr. 


20  JOURNAL  Or  THE  CONVENTION. 

Smith,  of  Orange,  Mr.  Morehead  called  for  a  division  of  the  ques- 
tion. 

And  the  question  being  to  strike  out  all  of  the  said  Resolution  af- 
ter the  word  ■'  Resolved,"  it  was  decided  in  the  negative.  Yeas  61 — 
Nays  67. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Smith,  of  Orange. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Averitt,  Arlington,  Adams,  Bonner,  Baxter,  Biggs,  Birchett, 
Boddie,  Cathey,  Cooper,  Edwards,  Faison,  Gatling,  Gaither,  Graves,  Gas- 
ton (Hyde,)  Guinn,  Brier,  Hall,  Hargrave,  Hussey,  Hodges,  Howard, 
Hutclieson,  Harrington,  Holmes,  Jones  (Wake,)  Jervis,  Jacocks,  Kelly, 
Lea,  Macon,  Morris,  McPherson,  Marsteller,  Montgomery,  Powell  (Co- 
lumbus,) Pearsall,  Parker,  Pipkin,  Ramsay  (Chatham,)  Rayner,  Sty- 
ron,  Sawyer,  Sugg,  Stallings,  Speight  (Greene,)  Sanders,  Smith  (Orange,) 
Smith  (Fancy,)  Seawell,  Sherrard,  Spruill,  Tayloe,  Wilson  (Edgecomb,) 
"Wilson  (Perquimons,)  Williams  (Franklin,)  Williams  (Person,)  Wil- 
liams (Pitt,)  Whitfield,  and  Wilder — 61  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Bower,  Barringer,  Bryan,  Branch,  Brittain,  Bailey, 
Bunting,  Brodnax,  Crudup,  Cox,  Cansler,  Chalmers,  Calvert,  Chambers, 
Carson,  Collins,  Daniel,  Bockery,  Bobson,  Elliott,  Ferebee,  Fisher,  Frank- 
lin, Gaston  (Craven,)  Gilliam,  Gaines,  Gary,  Gray,  Gudger,  Hill,  Hogan, 
Hooker,  Ktfggins,  Halsey,  Jones  (Wilkes,)  Joiner,  King,  Lesueur,  Mc- 
Queen, McMillan,  Melchor,  McBiarmid,  Marchant,  Morehead,  Martin, 
Meares,  Moore,  Norcom,  Outlaw,  Owen,  Powell  (Robeson,)  Ruffin,  Ram- 
say (Pasquotank,)  Roulhac,  Swain,  Skinner,  Spaight  (Craven,)  Shipp,  Sho- 
ber.  Troy,  Toomer,  White,  Welch,  Wooten,  Wellborn,  and  Young — 
67  Nays. 

And  the  question  on  the  adoption  of  the  3d  Resolution  was  decided 
in  the  affirmative. 

On  motion  of  Mr.  Hogan,  the  Resolution  was  referred  to  the  same 
Committee  to  whom  was  referred  the  first  Resolution  contained  in 
the  Report  made  by  Mr.  Gaston,  of  Craven. 
On  motion  of  Mr,  Meares, 

Ordered,  That  the  document  containing  the  Census  of  this  State  for  1820 
&  1830,withaTabular  Statement  of  the  public  taxes, white  and  black  polls, 
and  federal  numbers  of  the  counties  of  this  State,  compiled  from  the  Reve- 
nue Lists  of  1831,  1832  and  1833,  printed  under  the  superintendence  of  a 

,  Committee  heretofore  raised  for  that  purpose,  be  re-committed  to  the  same 
Committee,  with  instructions  to  cause  to  be  inserted  in  the  Statement  to  be 
re-printed  the  public  taxes  as  contained  in  the  Revenue  Lists  of  1829  and 

\18S0. 

On  motion  of  Mr.  Jacocks,  Mr.  Meares  was  added  to  the  Com- 
mittee. 

Mr.  Toomer  was,  on  his  motion,  excused  from  serving  on  the 
Committee  raised  upon  the  2d  Resolution  in  the  Report ;  and  Mr. 
Harrington  was  appointed  in  his  stead.  \ 

And  on  motion,  the  Convention  adjourned. 


JOURNAL    OF   THE    CONVENTION.  21 


FRIDAY,  JLWE  12,  1835. 

The  Convention  met,  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  McPhceters. 

Mr.  Swain,  from  the  Committee  to  whom  the  subject  hail  been 
referred,  reported  the  following  Articles  prescribing  the  manner  in 
which  the  Senate  and  House  of  Commons  shall  be  consti- 
tuted: 

That  the  Senate  shall  be  composed  of  fifty  Representatives,  cho- 

sen by  ballot,  and  to  be  elected  by  districts,  which  districts  shall  be  laid 
off  by  the  General  Assembly,  at  its  first  session  after  the  year  eighteen  hun- 
dred and  forty-one,  and  every  ten  years  thereafter,  in  proportion  to  the 
public  taxes  paid  into  the  Treasury  of  the  State,  by  the  citizens  thereof; 
Provided,  that  no  county  shall  be  divided  in  the  formation  of  a  Senatorial 
district.  And  when  thes'e  are  one  or  more  counties  having  an  excess  of 
taxation  above  the  ratio  to  form  a  Senatorial  district,  adjoining  a  county  or 
counties  deficient  in  such  ratio,  the  excess  or  excesses  aforesaid  shall  be 
added  to  the  taxation  of  the  county  or  counties  deficient;  and  if  with  such 
addition,  the  county  or  counties  receiving  it  shall  have  the  requisite  ratio, 
such  county  and  counties  shall  each  constitute  a  Senatorial  district. 

That  the  House  of  Commons  shall  be  composed  of  one  hundred  and  twen- 
ty Representatives,  chosen  by  ballot,  to  be  elected  by  counties  or 
districts,  or  both,  according  to  their  Federal  population,  that  is,  according 
to  their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other  persons, 
and  each  county  shall  have  at  least  one  member  in  the  House  of  Commons, 
although  it  may  not  contain  the  requisite  ratio  of  population.  The  appor- 
tionment to  be  made  by  the  General  Assembly,  at  its  first  session  after  the 
year  eighteen  hundred  and  forty-one,  and  every  ten  years  thereafter;  which 
apportionment  shall  be  made  according  to  an  enumeration  to  be  ordered  by 
the  General  Assembly,  or  according  to  the  Census  which  may  be  taken  by 
order  of  Congress,  next  preceding  the  period  of  making  such  apportion- 
ment. 

The  Articles  were  read  the  first  time,  passed,  and  on  motion  of 
Mr.  Swain,  ordered  that  two  hundred  copies  he  printed. 

The  Convention,  on  the  motion  of  Mr.  Daniel,  according  to  the 
order  of  the  day,  resolved  itself  into  a  Committee  of  the  Whole,  Mr. 
Gaston,  of  Craven,  in  the  Chair,  on  the  4th  Resolution,  proposing 
that  a  Committee  be  appointed  to  enquire  and  report  whether  any, 
and  if  any,  what  amendments  are  proper  to  be  made  to  the  Consti- 
tion  as  to  the  abrogation  or  restriction  of  the  right  of  free  negroes 
or  mulattoes  to  vote  for  members  of  the  Senate  or  House  of  Com- 
mons: And  after  some  time  spent  therein,  the  President  resumed 
the  Chair,  and  Mr.  Gaston  reported  that  the  Committee  had,  ac- 
cording to  order,  had  the  said  Resolution  under  consideration  and 
made  an  amendment  thereto. 


And  on  motion  the  Convention  adjourned. 


22  JOURNAL  OF  THE  CONVENTION. 


SATURDAY,  JUNE  15,  1835. 

The  Convention  met,  pursuant  to  adjournment-  Prayer  by  the 
Rev.  Mr.  Jamieson. 

On  motion  of  Mr.  Shober,  the  Convention  proceeded  to  consider 
the  amendment  reported  from  the  Committee  of  the  "Whole,  to  whom 
was  referred  the  4th  Resolution,  proposing  that  a  Committee  be  ap- 
pointed to  enquire  whether  any,  and  if  any,  what  amendments  are 
proper  to  be  made  to  the  Constitution  as  to  the  abrogation  or  re- 
striction of  the  right  of  free  negroes  or  mulattoes  to  vote  for  mem- 
bers of  the  Senate  or  House  of  Commons:  which  amendment  is  to*) 
strike  out  all  of  the  said  Resolution  after  the  word  "Resolved,"  and! 
insert  in  lieu  thereof,  "  that  free  negroes  and  mulattoes  within  four 
degrees  inclusive,  be  deprived  of  the  privilege  of  voting  for  mem- 
bers of  the  Senate  and  House  of  Commons  in  this  State." 

Mr.  Morehead  moved  to  amend  the  amendment  by  striking  out 
all  after  the  word  "that,"  and  inserting  "all  free  negroes  and  mu- 
lattoes, within  the  fourth  degree,  shall  be  excluded  from  voting  for 
members  of  the  Senate.  That  all  free  negroes  and  mulattoes  of  the 
age  of  twenty-one  years,  who  have  been  inhabitants  of  any  one 
county  within  the  State  twelve  months  immediately  preceding  the  day 
of  election,  and  possessed  of  a  freehold  within  the  same  county  of  I 
the  value  of  dollars,  for  six  months  next  before  and  at  the  day 

of  election,  and  shall  not  have  been  convicted  of  any  infamous  crime 
or  offence,  shall  be  entitled  to  vote  for  members  of  the  House  of 
Commons." 

Mr.  Gaston,  of  Craven,  called  for  a  division  of  the  question. 

And  the  question  being  to  strike  out  all  of  the  said  amendment  re- 
ported by  the  said  Committee  of  the  Whole,  after  the  word  "that," 
it  was  determined  in  the  negative.     Yeas  62 — Nays  65. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members- 
present,  on  the  call  of  Mr.  Gilliam. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Arrington,  Bower,  Branch,  Biggs,  Bunting,  Birchett, 
Cathey,  Cansler,  Chalmers,  Chambers,  Carson,  Daniel,  Dockery,  Dobson, 
Elliott,  Ferebee,  Fisher,  Franklin,  Graves, Gaston  {Craven,)  Gaston  (Hyde,) 
Guinn,  Grier,  Gaines,  Gray,  Giles,  Gudger,  Hall,  Holmes,  Jones  [Wake,) 
Jones  {Wilkes,)  Joiner,  King,  Kelly,  Morris,  McMillan,  McPherson,  Mc- 
Diarmid,  Morehead,  Martin,  Marstcller,  Montgomery,  Moore,  Owen, 
Powell  {Columbus,)  Powell  {Robeson,)  Parker,  Rayner,  Swain,  Shipp, 
Smith  [Orange,)  Smith  {Fancy,)  Seavrell,  Sherard,  Shober,  Troy,  Toomer, 
White,  Williams  {Pitt,)  Whitfield,  and  Wellborn— 62  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Adams,  Bonner,  Barringer,  Bryan,  Baxter,  Brittain, 
Bailey,  Brodnax,  Boddie,  Crudup,  Cox,  Cooper,  Calvert,  Collins,  Ed- 
wards, Faison,  Gatling,  Gaither,  Gilliam,  Gary,  Hogan,  Hargrave,  Hus- 
sey,  Hooker,  Hodges,  Huggins,  Howard,  Hutcheson,  Harrington,  Halsey. 


< 


JOURNAL    OF    THE    CONVENTION.  23 

Jervis,  Jacoclcs,  Lea,  Lesueur,  Macon,  McQueen,  Melchor,  Marchant, 
Meares,  Norcom,  Outlaw,  Pearsall,  Pipkin,  Ruffin,  Ramsay  (Pasqicotank,) 
Roulhac,  Styron,  Sawyer,  Skinner,  Spaight  {Craven,)  Speight  [Greene,) 
Sugg,  Stallings,  Sanders,  Spruill,  Tayloe,  Wilson  (Edgecomb,)  Wilson 
(Perquimons,)  Welch,  Wooten,  Williams  (Franklin,)  Williams  (Person,) 
Wilder,  and  Young — 65  Nays. 

The  question  now  recurring  on  the  amendment  reported  by  the 
Committee  of  the  Whole,  it  was  agreed  to.     Yeas  G6 — Nays  61. 

The  Y"eas  and  Nays  were  required  by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Gilliam. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Averitt,  Adams,  Bonner,  Baninger,  Bryan,  Baxter,  Brittain, 
Bailey,  Brodnax,  Boddie,  Crudup,  Cox,  Cooper,  Calvert,  Collins,  Ed- 
wards, Faison,  Gatling,  Gaither,  Graves,  Gilliam,  Gary,  Hogan,  Hargrave, 
Hussey,  Hooker,  Hodges,  Huggins,  Howard,  Hutcheson,  Harrington, 
Halsey,  Jervis,  Jacocks,  Lea,  Lesueur,  Macon,  McQueen,  Melchor,  Mar- 
chant,  Meares,  Norcom,  Outlaw,  Pearsall,  Pipkin,  Ruffin,  Ramsay  (Pas- 
quotank,) Roulhac,  Styron,  Sawyer,  Skinner,  Spaight  (Craven,)  Speight 
(Greene,)  Sugg,  Stallings,  Sanders,  Spruill,  Tayloe,  Wilson  (Edgecomb,) 
Wilson  (Perquimons,)  Welch,  Wooten,  Williams  (Franklin,)  Williams 
(Person,)  Wilder,  and  Young — 66  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Arrington,  Bower,  Branch,  Biggs,  Bunting,  Birchett, 
Cathey,  Cansler,  Chalmers,  Chambers,  Carson,  Daniel,  Dockery,  Dobson, 
Elliott,  Ferebee,  Fisher,  Franklin,  Gaston  (Craven,)  Gaston  (Hyde,,)  Guinn, 
Grier,  Gaines,  Gray,  Giles,  Gudger,  Hall,  Holmes,  Jones  (Wake,)  Jones 
(Wilkes,)  Joiner,  King,  Kelly,  Morris,  McMillan,  McPherson,  McDiarmid, 
Morehead,  Martin,  Marsteller,  Montgomery,  Moore,  Owen,  Powell  (Co- 
lumbus,) Powell  (Robeson,)  Parker,  Rayner,  Swain,  Shipp,  Smith  (Orange,) 
Smith  (Fancy,)  Seawell,  Sherard,  Shober,  Troy,  Toomer,  White,  Wil- 
liams {Pitt,)  Whitfield,  and  Wellborn — 61  Nays. 

So  the  Convention  came  to  the  following  Resolution: 

Resolved,  That  free  negroes  and  mulattoes,  within  four  degrees  in- 
clusive, be  deprived  of  the  privilege  of  voting  for  members  of  the  Senate 
and  House  of  Commons  in  this  State. 

On  motion  of  Mr.  Spaight,  of  Craven,  the  said  Resolution  was  re- 
ferred to  a  select  Committee,  with  instructions  to  draft  an  amend- 
ment accordingly. 

Messrs.  Spaight,  of  Craven,  Brodnax,  Wilson,  of  Perquimons, 
Dockery  and  Bower  compose  the  Committee. 

The  Articles  prescribing  the  manner  in  which  the  Senate  and 
House  of  Commons  shall  be  constituted  were  taken  up  for  a  second 
reading. 

On  motion  of  Mr.  Speight,  of  Greene, 

Ordered,  That  the  said  Articles  be  referred  to  a  Committee  of  the  whole 
Convention,  and  made  the  order  ot  the  day  for  Monday  next. 
On  motion  of  Mr.  Swain, 

The  Convention,  according  to  the  order  of  the  day,  resolved  itself 


24  JOURNAL  OF  THE  CONVENTION. 

into  a  Committee  of  tlie  Whole,  Mr.  Shober  in  the  Chair,  on  the  5th 
Resolution,  proposing  that  a  Committee  be  appointed  to  enquire  and 
rfrport  whether  any,  and  if  any,  w!;at  amendments  arc  proper  to  be 
made  to  the  Constitution  to  disqualify  members  of  the  Assembly  and 
Officers  of  the  State,  or  those  who  hold  places  of  trust  under  the  au- 
thority of  this  State,  from  being  or  continuing  such  while  they 
hold  any  other  office  or  appointment  of  this  State  or  of  the  United 
States  or  any  other  Government:  And  after  some  time  spent  there- 
in, the  President  resumed  the  Chair  and  Mr.  Shober  reported  that 
the  Committee  had,  according  to  order,  had  the  same  under  consid- 
eration, and  made  no  amendment  thereto. 

The  Convention  proceeded  to  consider  the  said  Resolution  ;  and 
on  the  question  that  the  Convention  adopt  the  same,  it  was  decided 
in  the  affirmative. 

Messrs.  Gaither,  Boddie,  Gaston,  of  Hyde,  Arlington  and  Adams 
compose  the  Committee  raised  by  said  Resolution. 
On  motion  of  Mr.  Shober, 

The  Convention,  according  to  the  order  of  the  day,  resolved  itself 
into  a  Committee  of  the  Whole,  Mr.  Dockery  in  the  Chair,  on  the 
Gth  Resolution,  proposing  that  a  Committee  be  appointed  to  enquire 
and  report  whether  any,  and  if  any,  what  amendments  should  be 
made  to  the  Constitution,  so  as  to  make  the  capitation  tax  on  slaves 
and  free  white  polls  equal.  And  after  some  time  spent  therein,  the 
President  resumed  the  Chair,  and  Mr.  Dockery  reported  that  the 
Committee  had,  according  to  order,  had  the  said  Resolution  under 
consideration  and  made  progress  therein,  but  not  having  gone  thro* 
the  same,  had  instructed  him  to  move  for  leave  to  sit  again. 

And  on  the  question,  that  the  Committee  of  the  Whole  Conven- 
tion have  leave  to  sit  again  on  the  said  Resolution,  it  was  determined 
in  the  affirmative. 

On  motion,  the  Convention  adjourned. 


MOjYBJIF,  JUNE  15,  1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  McPheeters,  of  the  Presbyterian  Church. 

Samuel  P.  Carson,  a  Delegate  elect  from  Burke  county,  appear- 
ed, produced  his  credentials,  was  duly  qualified,  and  took  his  seat. 
On  motion  of  Mr.  Speight,  of  Greene, 

The  Convention,  according  to  the  special  order  of  the  day,  re- 
solved itself  into  a  Committee  of  the  Whole,  Mr.  Shober  in  the 
Chair,  on  the  Articles  prescribing  the  manner  in  which  the  Senate 
and  House  of  Commons  shall  be  constituted.  After  sometime  spent 
therein,  the  President  resumed  the  Chair,  and  Mr.  Shober  reported 
that  the  Committee  had,  according  to  order,  had  the  subject  under 
consideration,  and  made  progress  therein,  but  not  having  gone  thro' 
the  same,  had  instructed  him  to  ask  for  leave  to  sit  again. 


JOURNAL   OT   THE    CONVENTION.  25 

And,  on  tlie  question  that  the  Committee  of  the  Whole  have  leave 
o  sit  again  on  the  said  Articles,  it  was  decided  in  the  affirmative. 
On  motion,  the  Convention  adjourned. 


TUESDAY,  JUNE  16,  1S35. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Mr.  Jamieson,  of  the  Methodist  Episcopal  Church. 

Mr.  Spaight,  of  Craven,  from  the  Committee  to  whom  was  refer- 
red the  resolution,  declaring  that  free  negroes  and  mulattoes,  with- 
n  four  degrees  inclusive,  he  deprived  of  the  privilege  of  voting  for 
Members  of  the  Senate  and  House  of  Commons  in  this  State,  with 
nstructions  to  draw  up  an  amendment  in  conformity  thereto,  report- 
ed the  following  Article : 

That  no  free  negro,  free  mulatto,  or  free  person  of  mixed  blood,  descend- 
;d  from  negro  ancestors  to  the  fourth  generation  inclusive,  (though  one  an- 
cestor of  each  generation  may  have  been  a  white  person,.)  shall  vote  for 
members  of  the  Senate  or  House  of  Commons, 

This  Article  was  read  the  first  time  and  passed  ;  and  on  motion  of 
Mr.  Fisher,  ordered  to  be  printed. 

On  motion  of  Mr.  Speight,  of  Greene, 

The  Convention,  according  to  the  order  of  the  day,  again  resolved 
itself  into  a  Committee  of  the  Whole,  Mr.  Shoher  in  the  Chacon 
the  Articles  prescribing  the  manner  in  which  the  Senate  and  House 
!)f  Commons  shall  be  constituted.  And  after  some  time  spe*t  there- 
in, the  President  resumed  the  Chair,  and  Mr.  Shober  rejK>rted  that 
the  Committee  had,  according  to  order,  again  had  the  said  subject 
under  consideration,  and  made  farther  pnjgress  therein,  &ut  not 
having  gone  through  the  same,  had  instructed  him  to  rfiove  i'or  leave 
to  sit  again. 

And  on  the  question  that  thev  Committee  of  the  Whofc  have  leave 
to  sit  again,  it  was  decided  in  the  affirmative. 

Mr.  Wilson,  of  Perquimons  submitted  the  follow/rig  resolution: 

Resolved,  That  a  Committee  of  twelve,  two  o/'whom  to  be  selected  from 
sach  Judicial  District,  be  appointed  to  report  what  ratio  of  federal  popula- 
tion will  give  to  the  House  of  Commons  ninety  members,  one  hundred  mem- 
bers, one  hundred  and  ten  members  and  «ie  hundred  and  twenty  members 
-and  that  said  Committee  report  what  disposition  is  to  be  made  of  thefed- 
ral  population,  after  allowing  one  member  to  each  county — and  that  said 
Committee  be  instructed,  after  allowing  one  member  to  each  county,  to  ap- 
>ropriate  the  residue  to  counties  or  districts,  or  both,  according  to  federal 
opulation  according  to  the  several  numbers  of  90,  100,  110  and  120* 

And  on  motion,  the  Convention  adjourned. 


26  JOURNAL  OF  THE  CONVENTION. 


WEDNESDAY,  JUNE  17,  1835. 

The  Convention  met  pursuant  to  adjournment.      Prayer  by  the 
Rev.  Dr.  McPheeters,  of  the  Preshyterian  Church. 
On  motion  of  Mr.  Wilson,  of  Perquimons, 

The  Convention  proceeded  to  consider  the  resolution  introduced 
by  him  on  yesterday. 

Mr.  Gaston,  of  Craven,  moved  to  amend  the  resolution  by  stri- 
king out  the  words,  "  and  that  said  Committee  report  what  disposi- 
tion is  to  be  made  of  the  residue  of  federal  population,  after  allowing 
one  member  to  each  county — and  that  said  Committee  be  instruct- 
ed, after  allowing  one  member  to  each  county,  to  appropriate  the  res- 
idue to  counties  or  districts,  or  both,  according  to  federal  population, 
according  to  the  several  numbers  90,  100,  110  and   120." 

Pending  this  motion,  Mr.  Kogan  moved  to  postpone  the  further 
consideration  of  the  whole  resolution,  until  the  20th  day  of  July  next; 
which  was  decided  in  the  negative,  Yeas  58,  Nays  71. 

The  Yeas  and  Nays  were  required   by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Smith,  of  Orange. 
Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Bower,  Barringer,  Brittain,  Birchett,  Brodnax,  Crudup, 
Cathev.  Cansler,  Chalmers,"  Dockery,  Dobson,  Elliott,  Fisher,  Franklin, 
Gaither,  Craves,  Gilliam,  Guinn,  Grier,  Gaines,  Gray,  Giles,  Gudger,  Ho- 
gan, Hargrove,  Hntcheson,  Harrington,  Jervis,  Jones  {Wilkes,)  Joiner, 
Kino-,  Kelly,  Lea,  Lesueur,  McQueen,  Morris,  Melchor,  McBiarmid, More- 
head,  Martin,  Montgomery,  Moore,  Owen,  Parker,  Ramsay  {Chatham,) 
SwaMySpaight  ( Craven,)  Shipp,  Smith  (Orange,)  Smith  (Fancy.)  Shober, 
Toomer,  White,  Welch,  Williams  (Person,)  Wellborn  and  Young— 58. 

Thow  who  voted  in  the  negative  were 
Meszrs.  Averitt,  Arrington,  Adams,  Bonner,  Bryan,  Baxter,  Branch, 
Biggs,  fitiley,  Bunting,  Boddie,  Cox,  Cooper,  Calvert,  Chambers,  Carson 
(Butherfoul)  Collins,  Daniel,  Edwards,  Ferebee,  Faison,  Gathng,  Gaston 
(Craven,)  Gaston  (Hyde,)  Gary,  Hill,  Hall,  Hussey,  Hooker,  Hodges, 
Howard»Hug8fos,Rdsey,  Holmes, Jones  ( Wake,)  Jacocks,Macon, McMillan, 
MePherson,  M&ani,  Marsteller,  Meares,  Norcom,  Outlaw,  Powell  (Co- 
lumbus,) Powell  {Xobeso,i,)  Pearsall,  Pipkin,  Ruffin,  Rayner,  Ramsay  (Pas- 
quotank,) Roulhac,  Styron.Sawyer,  Skinner,  Spruill,Su-g,  Stallmgs,  Speight 
(Greene,)  Sanders,  Staweb  Sherard,  Tayloe,  Troy,  Wilson  (Edgecomb,) 
Wilson  (Perquimons,)  Will'fl.ms  (Franklin,)  Williams  (Pitt,)  Wooten, 
Whitfield,  and  Wilder— 71. 

The  question  recurring  mi  tli«  amendment  proposed  by  Mr.  Gas- 
ton of  Craven,  it  was  decided  indie  affirmative.  Yeas 70— Nays  59. 

The  Yeas  and  Nays  were  requited  by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Jacocks. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Bower,  Barringer,  Brittain, Birchett,  Brodnax,  Boddie, 
Crudup,  Cathey,  Cansler,  Chalmers,  Chamber,  Carson  (Rutherford,) 
Dockery,  Dobson,  Elliott,  Edwards,  Fisher,  Franklin,  Gaither,  Graves,  Gas> 


JOURNAL  OF  THE  CONVENTION.  27 

ton  (Craven,)  Gilliam,  Guinn,  Grier,  Gaines,  Gray,  Giles,  Guilder,  Hogan, 
Hargrave,  Hutcheson,  Harrington,  Jervis,  Jones  (IFillies,)  Joiner,  King, 
Kelly,  Lea,  Lesueur,  Macon,  McQueen,  Morris,  McMillan,  Melchor, 
McDiarmid,  Morehead,  Martin,  Montgomery,  Meares,  Moore,  Outlaw, 
Owen,  Parker,  Ramsay  (Chatham,)  Swain,  Spaight  (Craven,)  Shipp,  Smith 
(Orange,)  Smith  (Yancy,)  Seawell,  Shober,  Troy,  Toomer,  White,  Welch, 
Williams  (Person,)  Williams  (Pitt,)  Wellborn  and  Young— 70  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Adams,  Arrington,  "Bonner,  Bryan,  Baxter,  Branch, 
Biggs,  Bailey,  Bunting,  Cox,  Cooper,  Calvert,  Collins,  Daniel,  Fcrebee, 
Faison,  Gatling,  Gaston  (Hyde,)  Gary,  Hill,  Hall,  Hussey,  Hooker,  Hod- 
ges, Huggins,  Howard,  Haisey,  Holmes,  Jones  (IFake,)  Jacocks,  McPher- 
son,  Marsteller,  Marchant,  Norcom,  Powell  (Columbus)  Powell  (Robeson,) 
Pearsall,  Pipkin,  Puffin,  Pvayner,  Ramsay  (Pasquotank,)  Roulhac,  Styron, 
Sawyer,  Skinner,  Sugg,  Stallings,  Speight  (Greene,)  Sanders,  Sherard, 
Spruill,  Tayloe,  Wilson  (Edgecomb,)  Wilson  (Perquimans,)  Wooten, 
Williams  (Franklin,)  Whitfield,  and  Wilder— 59  Nays. 

On  motion  of  Mr,  Wilson,  of  Perquiinons, 

Ordered,  That  the  Resolution  do  lie  on  the  table. 

On  motion  of  Mi*.  Speight,  of  Greene, 

The  Convention,  according  to  the  order  of  the  day,  again  resolved 
itself  into  a  Committe  of  the  Whole,  Mr.  Shober  in  the  Chair,  on 
the  Articles  prescribing  the  manner  in  which  the  Senate  and  House 
of  Commons  shall  be  constituted.  And  after  some  time  spent  there- 
in, the  President  resumed  the  Chair,  and  Mr.  Shober  reported  that 
the  Committee  had,  according  to  order,  again  had  the  said  Articles 
under  consideration  and  made  farther  progress  therein,  but  not  hav- 
ing gone  through  the  same,  had  instructed  him  to  ask  leave  to  sit 
again. 

And  on  the  question  that  the  Committee  of  the  Whole  have  leay/ 
to  sit  again  on  the  said  Articles,  it  was  determined  in  the  affirma- 
tive. 

On  motion,  the  Convention  adjourned. 


THURSDAY,   JUNE   18,    1855. 

The  Convention  met,  pursuant  to  adjournment.    Prayer  by  the- 
Rev.  Mr.  Jainieson. 

Mr. Wilson,  of  Perquimons,  moved  to  fake  up  for  its  second  read- 
ing the  Article  abrogating  the  right  of  free  negroes  and  mulattoesto 
vote  for  members  of  the  Legislature ;  which  was  determined  in  the 
negative. 

On  motion  of  Mr.  Speight  of  Greene, 
The  Convention,  according  to  the  order  of  the  day,  again  re- 
olvcd  itself  into  a  Committee  of  the  Whole,  Mr.  Shober  in  the  Chair, 
n  the  Articles  prescribing  the  manner  in  which  the  Senate  and  House 


28  JOURNAL  OF  THE  CONVENTION. 

of  Commons  shall  be  constituted.  And  after  some  time  spent  there- 
in, the  President  resumed  the  Chair,  and  Mr.  Shober  reported  that 
the  Committee  of  the  Whole  had,  according  to  order,  again  had  the 
said  Articles  under  consideration,  and  made  the  following  amendment 
thereto : 

"That  in  making  the  apportionment  of  Representatives  in  the 
House  of  Commons,  the  ratio  of  Representation  shall  be  ascertained 
by  dividing  the  amount  of  the  Federal  population  of  the  State,  after 
deducting  that  comprehended  within  those  counties  which  do  not  sev- 
erally contain  the  one-hundred  and  twentieth  part  of  the  entire  Fed- 
eral population  aforesaid,  by  the  number  of  Representatives  less  the 
number  assigned  to  the  said  comities  :  That  to  each  county  contain- 
ing the  said  ratio,  and  not  twice  the  said  ratio,  there  shall  be  as- 
signed one  Representative ;  to  each  county  containing  twice,  but 
not  three  times  the  said  ratio,  there  shall  be  assigned  two  Represen- 
tatives ;  and  so  on  progressively,  and  that  then  the  remaining  Rep- 
resentatives shall  be  assigned  severally  to  the  counties  having  the 
largest  fractions." 

And  the  question  being  on  concurring  with  the  Report  of  the  Com- 
mute of  the  Whole,  the  Yeas  and  Nays  were  demanded  by  one-fifth 
of  the  members  present,  on  the  call  of  Mr.  Biggs. 

Pending  the  question,  the  Convention  adjourned. 


FRIDAY,  J17JVE  19,  1835. 
The  Convention  met,  pursuant  to  adjournment.     Prayer  by  the 
t.ev.  Dr.  McPheetcrs. 

On  motion  of  Mr.  Branch, 

Ordered,  That  the  amendment  reported  by  the  Committee  of  the  Whole, 
on  yesterday,  be  printed. 

Mr.  Gaston  introduced  the  following  Resolution: 

Resolve?,  That  it  is  expedient,  in  framing  amendments  to  the  Constitu- 
tion, on  the  subject  of  Representation  in  the  House  of  Commons,  to  provide 
that  in  making  every  apportionment,  the  Legislature  shall  divide  or  cause 
to  be  divided,  those  counties  to  which  more  than  two  Representatives  shall 
be  assigned,  into  election  districts,  consisting  severally  of  contiguous  terri- 
tory, and  of  equal  federal  numbers,  as  nearly  as  convenience  will  permit, 
each  of  which  districls  shall  eWt  one  Representative  only. 

On  motion  of  Mr.  Swain, 

Ordered,  That  two  hundred  copies  of  the  laid  Resolution  be  printed. 

The  Convention  proceeded  to  the  orders  of  the  day,  and  took  up 
for  consideration  the  unfinished  business  of  yesterday. 

And  the  question  being  on  agreeing  to  the  amendment  reported  by 
the  Committee  of  the  Whole  to  the  Articles  prescribing  the  ir.  inner 


JOURNAL  OF  THE  CONVENTION.  29 

in  which  the  Senate  and  House  of  Commons  shall  be  constituted,  it 
was  decided  in  the  affirmative.     Yeas  83 — Nays  43. 
Those  who  voted  in  the  affirmative  were 

Messrs.  Bovver,  Bonner,  Barringer,  Branch,  Baxter,  Brittain,  Bunting, 
Birchett,  Brodnax,  Boddie,  Crudup,  Cathey,  Cox,  Cansler,  Calvert,  Cham- 
bers, Collins,  Daniel,  Dockery,  Dobson,  Elliot,  Edwards,  Ferebee,  Fisher, 
Faison,  Franklin,  Gaither,  Graves,  Gaston  ( Craven, )  Gilliam, Grier, Gaines, 
Gray,  Gary,  Giles,  Gudgcr,  Hogan,  Hargrave,  Hooker,  Halsey,  Hutche- 
son,  Holmes,  Jones  (Wake,)  Jones  (Wilkes,)  Jervis,  Joiner,  King,  Lea, 
Lesueur,  Macon,  McQueen,  Morris,  McMillan,  Melchor,  Marchant, 
Morehead,  Martin,  Marsteller,  Montgomery,  Meares,  Moore,  Norcom, 
Outlaw,  Pearsall,  Parker,  Ramsay  (Chatham,)  Rayner,  Swain,  Spaight 
(Craven,)  Speight  (Greene,)  Slnpp,  Smith  (Orange,)  Smith  (Yancy,) 
Shober,  Spruill,  Tayloe,  White,  Williams  (franklin,)  Williams  (Person,) 
Williams  (Pitt,)  Welch,  Wellborn  and  Young— 83  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Averitt,  Arrington,  Adams,  Biggs,  Bryan,  Bailey, 
Cooper,  Chalmers,  Gatling,  Gaston  (Hyde,)  Guinn,  Hill,  Hall,  Hussey, 
Hodges,  Huggins,  Howard,  Jacocks,  Kelly,  McPherson,  McDiarmid, 
Owen,  Powell  (Columbus,)  Powell  (Robeson,)  Pipkin,  Ruffin,  Ramsay 
(Pasquotank,)  Roulhac,  Styron,  Sawyer,  Skinner,  Sugg,  Stallings,  Sanders, 
Seawell,  Sherard,  Troy,  Toomer,  Wilson  (Edgecomb,)  Wilson  (Perquim- 
ons,)  Whitfield  and  Wilder— 43  Nays. 

The  Articles  as  amended  being  under  consideration,  Mr.  Williams, 
of  Pitt,  moved  to  amend  the  Article  relating  to  the  Senate  by  strik- 
ing out  "fen"  and  inserting  "twenty." 

Mr.  Daniel  called  for  a  division  of  the  question. 

And  the  question  being  upon  striking  out,  the  Yeas  and  Nays  were 
required  by  one-fith  of  the  members  present,  on  the  call  of  Mr.  Ram- 
say, of  Pasquotank. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Averitt,  Arrington,  Adams,  Bonner,  Bryan,  Baxter, 
'Branch, Biggs,  Bailey,  Bimting,Crudup,Cox,Cooper,Calvert,ColHns, Daniel, 
Edwards,  Ferebee,  Faison,  Gatling,  Gaston  (Craven,)  Gilliam,  Gary,  Hill, 
Hall,  Hargrave,  Hussey,  Hooker,  Huggins,  Howard,  Halsey,  Holmes,  Jones 
(Wake,)  Joiner,  Jacocks,  McPherson,  Marchant,  Morehead,  Marsteller, 
Norcom,  Outlaw,  Owen,  Powell  (Columbus,)  Powell  (Robeson,)  Pearsall, 
Pipkin,  Ruffin,  Rayner,  Ramsay  (Pasquotank,)  Roulhac,  Sawyer,  Skinner, 
Spaight  (Craven,)  Speight  (Greene,)  Sugg,  Stallings,  Sanders,  Seawell, 
Spruill,  Tayloe,  Troy,  Wilson  (Edgecomb,)  Wilson  (Perquhnons,)  Wil- 
liams (Franklin,)  Williams  (Pitt,)  Whitfield  and  Wilder — 68  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Bower,  Barringer,  Brittain,  Birchett,  Brodnax,  Boddie,  Catheyv 
Cansler,  Chalmers,  Chambers,  Carson  (Rutherjord,)  Dockery,  Dobson, El- 
liott, Fisher,  Franklin,  Gaither,  Graves,  Gaston  (Hyde,)  Guinn,  Grier, 
Gaines, Gray, Giles,  Gudger,  Hogan,  Hodges,  Hutcheson,  Harrington,  Jervis, 
Jones  (Wilkes,)  King,  Kelly,  Lea,  Lesueur,  Macon,  McQueen,  Morris,  Mc- 
Millan, Melchor,  McDiarmid,  Martin,  Montgomery,  Meares,  Moore,  Par- 


SO  JOURNAL    OF    THE    CONVENTION. 

leer,  Ramsay  (Chatham,)  Swain,  Styron,  Shipp,  Smith  (Orange,)  Smith 
(Fancy,)  Sherard,  Shober,  Toomer,  White,  Williams  (Person,)  Wellborn, 
Welch  and  Young — 60  Nays. 

So  the  Convention  agreed  to  strike  out.     Yeas  63,  Nays  60. 

And  the  question  recurring  on  the  other  branch  of  the  motion,  to- 
va'iif  to  insert  the  word  twenty  in  lieu  of  that  stricken  out,  it  was  de- 
cided in  the  affirmative.     Yeas  69,  Nays  59. 

The  Yeas  and  Nays  were  required  by  one- fifth  of  the  members  pre- 
sent, on  the  call  of  Mr.  Ramsay,  of  Pasquotank. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Averitt,  Arlington,  Adams,  Bonner,  Bryan,  Baxter, 
Branch,  Biggs,  Bailey,  Bunting,  Crudup,  Cox,  Cooper,  Calvert,  Collins, 
Daniel,  Edwards,  Ferebee,  Fisher,  Catling,  Gaston  (Craven,)  Gilliam,  Ga- 
ry, Giles,  Hill,  Hall,  Hussey,  Hooker,  Huggins,  Howard,  Halsey,HoImes, 
Jones  (Wake,,)  Joiner,  Jacocks,  McPherson,  Marchant,  Marsteller,  Meares, 
Outlaw,  Owen,  Powell  (Columbus,)  Powell  {Robeson,)  Pearsall,  Pipkin, 
Baffin,  Rayner,  Ramsay,  Pasquotank,)  Roulhac,  Swain,  Sawyer,  Skinner, 
Spaight  (Craven,)  Speight  (Greene,)  Sugg,  Stallings,  Sanders,  Seawell, 
Spruill,  Tayloe,  Troy,  Toomer,  Wilson  (Edgecomb,  Wilson  (Perquimons,) 
Williams  (FrdnkUn,)'WiYmms  (Pitt,)   Whitfield,  and  Wilder — 69  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Bower,  Barringer,  Brittain,  Birchett,  Brodnax,Boddie,  Cathey, 
Cansler,  Chalmers,  Chambers,  Carson  (Rutherford,)  Dockery,  Dobson, 
Elliott,  Faison,  Franklin,  Gaither,  Graves,  Gaston  (Hyde,)  Guinn,  Grier, 
Gaines,  Gray,  Gudger,  Hogan,  Hargrave,  Hodges,  Hutcheson,  Harrington, 
Jervis,  Jones  (Wilkes,)  King,  Kelly,  Lea,  Lesueur,  Macon,  McQueen, 
Morris,  McMillan,  Melc'nor,  McDiarmid,  Morehead,  Martin,  Montgome- 
ry. Moore,  Norcom,  Parker,  Ramsay  (Chatham,)  Styron,  Shipp,  Smith 
(Orange,)  Smith  (Fancy,)  Sherard,  Shober,  White,  Welch,  Williams 
(Person,)  Wellborn,   and  Young— 59  Nays. 

Mr.  Gaston,  of  Craven,  moved  to  amend  the  said  Article,  by  in- 
serting between  the  words  "and"  and  "every,"  the  following: — 
"Afterwards  at  its  first  session  after  the  year  1851,  and  then  ;" 
which  was  agreed  to.     Yeas  77,  Nays  21. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members  pre- 
sent, at  the  call  of  Mr.  Jacocks. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Bower,  Barringer,  Baxter,  Brittain,  Bailey,  Birchett, 
Brcdnax,  Boddie,  Crudup,  Cathey,  Cansler,  Chalmers,  Chambers,  Carson 
(Rutherford,)  Daniel,  Dobson,  Dockery,  Elliott,  Edwards,  Fisher,  Frank- 
lin, Gaither* Graves, Gaston.  (Craven,)  Gaston  (Hyde,)  Guinn,  Grier,Gaines, 
Gray,  Giles, Gudger,  Hogan,  Hargrave,  Hussey,  Hodges,  Huggins,  Hutche- 
son, Harrington,  Jervis,  Jones  (Wilkes,)  King,  Kelly,  Lea,  Lesueur,  Mc- 
Queen, Morris,  McMillan,  Melchor,  McDiarmid,  Morehead,  Martin, 
Montgomery, Meares, Moore, Norcom, Outlaw,0\\ en, Parker,Ramsay  (Chat- 
ham,) Swain,  Styron,  Skinner,  Spaight  (Craven,)  Shipp,  Smith  (Orange,) 
Smith  (Fancy, )  Sherard,  Shober,  Toomer,  Troy,  White,  Wilson  (Edge- 
comb,)  Welch,  Williams  (Person,)  Wellborn  and  Young— 77  Yeas. 


JOURNAL   OF   THE    CONVENTION. 


31 


Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Arrington.  Adams,  Bonner,  Bryan,  Branch,  BtggS, 
Bunting,  Cox,  Cooper,  Calvert,  Collins.  Ferebee,  Faison,  Gating,  Gilliam, 
Gary,  Kill,  Hall,  Hooker,  Howard,  Halsey,  Holmes,  Jones  {Wake,)  Joiner, 
Jacocks,  Macon,  McPbcrson,  Marchant,  Marsteller,  Powell  {Columbus,) 
Powell  {Robeson,)  Pearsall,  Pipkin,  Ru'Iin,  Rayncr,  Ramsay. iPasquatailkJ 
Roulhac,  Sawyer,  Sugg,  Stalling,  Speight  (Greeny)  Sanders,  Scawcll, 
Spruill,  Tayloe,  Williams  (Franidin,)  Williams  {Pitt,)  Wilson  (Pcrauim- 
ons,)  Whitfield  and  Wilder— 51  Nays. 

On  motion  of  Mr.  Halsev,  the  said  Article  was  further  amended, 
by  inserting  after  the  word"  "thereof,"  the  following,  "and  that  the 
average  of  the  public  taxes  paid  by  each  county  into  the  Treasury 
of  the  State,  for  ','  c  five  years  preceding  the  laying  off  the  districts, 
shall  be  considered  as  its  proportion  of  the  public  taxes  and  consti- 
tute the  basis  of  apportionment" 

Mr  Bryan  moved  to  fiil  the  blank  in  the  Article  relating  to  the. 
House  of  Commons  with  the  following  :  "  including  three  borough 
members,  one  from  each  of  the  towns  of  Edcnton,    Newbern    and 

Wilmington.*' 

Mr  Bower  moved  to  amendthc  amendment,  by  striking  out  "three 
and  inserting   "four,"  and  by  adding  the  town  of  Fayettevillc  ; 
which  was  decided  in  the  negative. 

The  question  recurring  on  the  amendment  offered  by  Mr.  Bryan, 
it  was  decided  in  the  negative.  ,-  *  •/.,■■  i,  i 

Mr.  Speight  moved  to  strike  out  from  the  said  Article,  the  words 
"one  hundred  and  twenty." 

Pending  this  question,  Mr.  Owen  moved  that  the  articles  prescri- 
bing the  manner  in  which  the  Senate  and  House  of  Commons  shall 
be  constituted,  do-  lie  on  the  table,   which  was  decided  in  tiic  nega- 

tive. 

The  question  recurring  on  the  motion  to  strike  out  the  words, 
"one  hundred  and  twenty,"  the  Yeas  and  Nays  were  required  by 
one-fifth  of  the  members   present,    on  the   call  of  Mr.  Speight,  of 

Greene. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Andres,  Averitt,  Adams,  Bryan,"  Baxter,  Branch, Biggs,  Bailey, 
Bunting  Boddie,  Cox,  Cooper,  Calvert,  Collins,  Daniel,  Ferebee.,  Gathng, 
(  Gaston°(i7j/rfe,)  Gary,  Hill,  Hall,  Hussey,  Hooker,  Hodges,  Huggins,  How- 
ard, Harrington,  Halsev,   Jacocks,  McPhersnn,   Marchant,  Norcom,  Out- 
Jaw,  Powell  (Columbus')  Powell  (Robeson,)  Pipkin,  Rayner,  Ramsay  (Pas- 
quotank,) Roulhac,  Styron,   Sawyer,    Sugg.   Stalling*,   Speight  (Greme,) 
Sanders,  Sherard,  Spruill,  Troy,  Wilson  (Edgecomb,)   Wilson  (Perquim- 
ans,) Whitfield  and  Wilder.—  59.  yeas. 
Those  who  voted  in  the  negative  were 

Messrs.  Arrington,  Bower,  Bonner,  Barringer,  Erittain,  Birchett,  Brod- 
nax,  Crudup,  Cathey,  Cansler,  Chalmers,  Chambers,  Carson  {Rutherford,) 
Dockery,  Dobson,El'liott, Edwards, Faison,  Fisher.Franklin,Gaither, Graves, 
Gaston  (Craven,)  Gilliam,  Guinn,  Grier,  Gaines,  Gray,  Giles,  Gudger, 
Hogan,    Hargtave,  Hutcheson,  Holmes,  Jones  (Wake,)   Jones   (fi dices,) 


32  JOURNAL   OF   THE    CONVENTION. 

Jervis,  Joiner,  King,  Kelly,  Lea,  Lesueur,  Maeon,  McQueen,  Morris, 
McMillan,  Melchor,  McDiarmid,  Morehead,  Martin.  Marsteller,  MonU 
gomery,  Meares,  Moore,  Owen,  Pearsall,  Parker,  Ruffin,  Swain,  Skinner, 
Spaight  (Craven,)  Shipp,  Smith  (Orange,)  Smith  (Fancy,)  Seawell,  Sho- 
ber,  Tayloe,  Toomer,  Wliite,  Williams  (Franklin,)  Williams  (Person,) 
Williams  (Pitt,)  Welch,  Wellborn  and  Young. — 75  Nays. 

So  the  Convention  refused  to  strike  out.     Yeas  52,  Nays  75. 

Mr.  Harrington  moved  to  amend  the  article  relating  to  the  Sen- 
ate, by  striking  out  "jifty"  and  inserting  "forty.** 

Mr.  Spaight  of  Craven,  called  for  a  division  of  the  question. 

And  the  question  being  on  striking  out,  the  Yeas  and  Nays  were 
required  hy  one-fifth  of  the  members  present,  on  the  call  of  Mr.. 
Spruill. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Bunting,  Harrington,  Wilson  (Edgecomb,)  Wilson  (Perquim- 
ons,) — 4  Yeas, 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Averitt,  Arrington,  Adams,  Bower,  Bonner,  Bar  rin- 
ger, Bryan,  Baxter,  Branch,  Brittain,  Biggs,  Bailey,  Birchett,  Brodnax, 
Bodtlie,  Crudup,  Cathey,  Cox,  Cansler,  Cooper,  Chalmers,  Calvert,Cham- 
beis,  Carson  (Rutherford,)  Collins,  Daniel,  Dockery,  Dobson,  Elliott,  Ed- 
wards, Ferebee,  Fisher,  Faison,  Franklin,  Gatling,  Gaither,  Graves,  Gas- 
ton ( Craven,)  Gaston  (Hyde,)  Gilliam,  Guinn,  Grier,  Gaines,  Gary,  Gray, 
Giles,  Gudger,  Hill,  Hall,  Hogan,  Hargrave,  Hussey,  Hooker,  Hodges, 
Huggins,  Howard,  Huteheson,  Halsey,  Holmes,  Jones  (Wake,)  Jones 
(Wilkes,)  Jervis,  Joiner,  Jacocks,  King,  Kelly,  Lea, Lesueur,  Macon,  Mc- 
Queen, Morris,  McMillan,  Melchor,  McPherson,  McDiarmid,  Marchant, 
Merebead,  Martin,  Marsteller,  Montgomery,  Meares,  Moore,  Norcom, 
Outlaw,  Owen,  Powell  (Columbus,)  Powell  (Robeson,)  Pearsall,  Parker, 
Pipkin,  Ruffin,  Ramsay  (Chatham,)  Ramsay  (Pasquotank, )  Rayner,  Roul- 
hac,  Swain,  Styron,  Sawyer,  Skinner,  Spaight  (Cravey,)  Speight  (Greene,) 
Sugg,  S  tailings,  Sbipp,  Sanders,  Smith  (Orange,)  Smith  (Fancy,)  Sea  well,, 
Sherard,  Shober,  Spruill,  Tayloe,  Troy,  Toomer,  White,  Welch,  Wil- 
liams (Franklin,)  Williams  (Person,)  Williams  (Pitt,)  Whitfield,  Wellborn* 
Wilder  and  Young — 124  Nays. 

So  the  Convention  refused  to  strike  out.     lrcas  4,  Nays  124. 

On  motion  of  Mr.  Gaston  of  Craven,  the  Article  relating  to  the 
House  of  Commons  was  amended  by  striking  out  the  words  **  at  its 
first  session,  after  the  year  1841,  and  every  ten  years  thereafter,, 
which,"  and  inserting  the  words  "at  the  respective  times  and  peri- 
ods when  the  districts  for  the  Senate,  are  herein  before  directed  to 
be  laid  off,  and  the  said" 

And  on  the  question  shall  the  said  Articles  be  engrossed  for  a  third- 
reading;  it  was  decided  in  the  affirmative. 
On  motion  of  Mr.  Owen, 

Ordered,  That  the  said  Articles  be  read  a  third  time  on  Monday  next. 

On  motion  of  Mr.  Swain, 
Ordered,  That  two  hundred  copies  of  the  Articles  be  printed. 


'      JOURNAL    OP   THE    CONVENTION.  33 

Mr.  Spaight,  of  Craven,  gave  notice,  that  lie  should,  on  to-mor- 
row, move  to  amend  the  rules  of  order  which  govern  the  Convention. 
On  motion,  the  Convention  adjourned. 

SATURDAY,  JUNE  20,  1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Mr.  Jamieson. 

On  motion  of  Mr.  Swain, 

The  Convention,  according  to  the  order  of  the  day,  resolved  itself 
into  a  Committee  of  the  Whole,  Mr.  Wellborn  in  the  Chair,  on  the 
11th  Resolution,  proposing  that  a  Committee  be  appointed  to  en- 
quire whether  any,  and  if  any,  what  amendments  be  proper  to  pro- 
vide for  biennial  instead  of  annual  meetings  of  the  General  Assembly, 
and  jfor  the  biennial  instead  of  tri-annual  election  of  Secretary  of 
State.  After  some  time  spent  therein,  the  President  resumed  the 
Chair,  and  Mr.  Wellborn  reported  that  the  Committee  had,  accord- 
ing to  order,  had  the  said  Resolution  under  consideration,  and  made 
the  following  amendment  thereto,  to  wit:  To  insert  in  lieu  of  the 
said  Resolution,  after  the  word  "Resolved,"  the  following: 

u  That  it  is  expedient  to  amend  the  Constitution  so  as  to  provide  for 
the  biennial  instead  of  annual  sessions  of  the  General  Assembly,  and  for 
the  biennial  instead  of  the  tri-annual  election  of  Secretary  of  State." 

On  motion,  the  Convention  adjourned. 


MONDAY,  JUNE  22,  1835. 

The  Convention  met,  pursuant  to  adjournment.     Prayer  by  the 
Rev.  Dr.  McPheeters. 

On  motion  of  Mr.  Speight  of  Greene, 
Ordered,  That  the  special  order  of  the  day  be  postponed  until  to-morrow 

On  motion  of  Mr.  Spaight,  of  Craven, 
Ordered,  That  the  further  consideration  of  the  Report  of  the  Committee 
of  the  Whole  on  the  I  lth  Resolution,  be  postponed  until  to-morrow. 

On  motion  of  Mr.  Edwards, 
The  Convention,  according  to  the  order  of  the  day,  again  resolved 
itself  into  a  Committee  of  the  Whole,  Mr.  Dockcryin  the  Chair,  on 
the  6th  Resolution  proposing  that  a  Committee  be  appointed  to  en- 
quire whether  any,  and  if  any,  what  amendment  should  be  made  to 
the  Constitution,  so  as  to  make  the  capitation  tax  on  slaves  and  free 
Avhitc  polls  equal.     And  after  some  time  spent  therein,  the  President 


34  JOURNAL  OF  THE  CONVENTION. 

resumed  the  Chair,  and  Mr.  Dockery  reported  that  the  Committee 
had,  according  to  order,  again  had  the  said  Resolution  under  consi- 
deration, and  made  the  following  amendment,  to  wit:  To  insert  in 
lieu  thereof,  after  the  word  "Resolved,"  the  following: 

"That  the  individual  capitation  tax  on  slaves  of  either  sex  shall  not  ex- 
tend to  those  under  twelve,  nor  over  fifty  years  of  age;  and  shall  not  exeeed; 
the  capitation  tax  on  free  white  males  not  under  twenty -one  nor  over  forty- 
five  years  of  age.'* 

Or-  motion  of  Mr.  Speight,  of  Greene,  the  Convention  proceeded 
to  consider  the  said  amendment;  and  on  the  question  of  agreeing 
thereto,  it  was  determined  in  the  affirmative. 

The  Resolution  was  read  as  amended,  and  adopted. 

On  motion  of  Mr.  Collins, 

Ordered,  That  the  said  Resolution  be  referred  to  a  Committee,  with  in- 
structions to  report  an  Article  according  thereto. 

Messrs.  Collins,  Swain,  Scawell,  Williams,  of  Pitt,  and  Williams, 
of  Person,  compose  the  Committee. 
On  motion  of  Mr.  Shober, 

The  Convention,  according  to  the  order  of  the  day,  resolved  itself 
into  a  Committee  of  the  Whole,  Mr.  Morehead  in  the  Chair,  on  the 
8tli  Resolution,  proposing  that  a  Committee  he  appointed  to  enquire 
"whether  any,  and  if  any,  what  amendments  be  proper  to  compel 
members  of  the  General  Assembly  to  vote  viva  voce  in  the  election 
of  officers.  And  after  some  time  spent  therein,  the  President  re- 
sumed the  Chair,  and  Mr.  Morehead  reported  that  the  Committee 
had,  according  to  order,  had  the  said  Resolution  under  consideration, 
and  made  the  following  amendment  thereto,  to  wit:  After  striking  out 
all  after  the  word  "  Resolved,''  to  insert  in  lieu  thereof  as  follows: 

"That  it  is  expedient  so  to  amend  the  Constitution  as  in  all  elections  by 
the  General  Assembly,  the  members  shall  vote  viva  voce." 

On  motion  of  Mr.  Speight,  of  Greene,  the  Convention  proceeded 
to  consider  the  amendment. 

And  on  the  question,  shall  the  said  amendment  be  adopted?  it  was 
decided  in  the  affirmative.     Yeas  84,  Nays  40. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members  pre- 
sent, at  the  call  of  Mr.  Speight,  of  Greene. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Averitt,  Arlington,  Bower,  Bonner,  Barringer,  Baxter,.  Branch, 
Brittain,  Biggs,  Bunting,  Birchett,  Brodnax,  Carson  (Burke,)  Cathey, 
Cansler,  Chalmers,,  Calvert,  Chambers,  Daniel,  Dobson,  Edwards,  Fere- 
bee,  Faison,  Franklin,  Gatling,  Gaither,  Gilliam,  Guinn,  Gary,  Hall,  Ho- 
gan,  Hargrave,  Hussey,  Hooker,  Hodges,  Huggins,  Howard,  Hutcheson, 
Harrington,  Holmes,  Jones  (Wake,)  Jervis,  Kelly,  Macon,  McQueen, 
McMillan,  Melchor,  McPherson,  McDiarmid,  Marchant,  Martin,  Mont- 


JOURNAL  OF  THE  CONVENTION.  35 

tiers,  Seawell,  Smith  (Yancy,)  Tayloe,  Wilson  (Edgecomb,)  Wilson  (Per- 
quimons, ) Welch,  Williams  (Franklin,)  Williams  (Person,)  Williams  (Pitt,) 
Whitfield,  Wellborn  and  Wilder—  84  Yeas. 

Those  who  voted  in  the  negative  were 
Messrs.  Andres,  Adams,  Bryan,  Bailey,  Crudup,  Cox,  Cooper,  Carson 
(Rutherford,)  Collins,  Dockery,  Elliot,  Fisher,  Graves,  Gaston  (Craven,) 
Gaston  (Iftjdc,)  Grier,  Gaines,  Gray,  Giles,  Gitdgcr,  Hill,  Halsey,  Joiner, 
Jacocks,  King,  Lea,  Morris,  Morehead,  Meares,  Parker,  Ramsay  (Pas- 
quotank,) Swain,  Shipp,  Smith  (Orange,)  Shober,  Spruill,  Troy,  Toomer, 
White  and  Young — 40  Nays. 

The  Resolution  was  adopted  ;  and  on  motion  of  Mr,  Speight,  of 
Greene, 

Ordered,  That  it  be  referred  to  a  Committee  to  report  an  amendment  to 
the  Constitution  according  thereto. 

Messrs.  Speight,  of  Greene,  Wellborn,  Wilder,  Troy  and  Sawyer 
compose  the  Committee. 

On  motion  of  Mr.  Shober, 
The  Convention,  according  to  the  order  of  the  day,  resolved  itself 
into  a  Committee  of  the  Whole,  Mr.  Morehead  in  the  Chair,  on  the 
Resolution  proposing  to  enquire  whether  any,  and  if  any,  what 
amendments  be  necessary  in  the  mode  of  appointing  and  removing  from 
office  Militia  officers  and  Justices  of  the  Peace.  And  after  some  time 
spent  therein,  the  President  resumed  the  Chair,  and  Mr.  Morehead 
reported  that  the  Committee  had,  according  to  order,  had  the  said 
Resolution  ur.der  consideration,  and  had  made  no  amendment  thereto. 

The  Resolution  was  read ;  and  on  the  motion  that  it  be  adopted, 
it  was  determined  in  the  affirmative. 

Messrs.  Hodges,  Brittain,  Biggs,  Cathey  and  Cooper  compose 
the  Committee  raised  by  said  Resolution. 
On  motion  of  Mr.  Halsey, 

Ordered,  That  the  order  of  the  day  on  the  9th  Resolution,  proposing  that 
a  Committee  be  appointed  to  enquire  whether  any,  and  if  any,  what  amend- 
ments be  proper  to' be  made  to  the  32d  Article  of  the  Constitution,  be  post- 
poned and  made  the  order  of  the  day  for  Thursday  next 

On  motion  of  Mr.  Speight,  of  Greene, 
The  Convention,  according  to  the  order  of  the  day,  resolved  itself 
into  a  Committee  of  the  Whole,  Mr.  Bower  in  the  Chair,  on  the  lOtJi 
Resolution,  proposing  that  a  Committee  be  appointed  to  enquire  whe- 
ther any,  and  if  any,  what  amendments  be  proper  to  be*  made  in  the 
Constitution  for  supplying  vacancies  in  the  General  Assembly,  oc- 
curring belore  the  meeting  of  the  General  Assembly.  And  after 
some  time  spent  therein,  the  President  resumed  the  Chair,  and  Mr. 
Bower  reported  that  the  Committee  had,  according  to  order,  had  the 
sakl  Resolution  under  consideration,  and  had  made  no  amendment 
thereto. 

The  Resolution  was  then  read  and  adopted. 


S<6  JOURNAL    OF    THE    CONVENTION. 

Messrs.  Owen,  Edwards,  Fcrebec,  Young  and  Franklin  compose 
the  Committee  raised  by  tlic  said  Resolution. 
And  on  motion  the  Convention  adjourned. 


TUESDAY,   JUNE  23,   1335. 

The  Convention  met,  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Mr.  Jamieson,  of  the  Methodist  Episcopal  Church. 

Mr.  Spaight  of  Craven,  pursuant  to  previous  notice,  submittfd  the 
following  additional  Rules  for  the  government  of  the  Convention  ; 
which  were  read  and  adopted: 

There  shall  be  a  Committee,  consisting  of  seven  members,  whose 
duty  it  shall  be  to  superintend  the  engrossing  and  enrolling  of  all 
amendments  to  the  Constitution  and  Ordinances,  and  to  correct  all 
errors  and  mistakes  in  them ;  also  arrange  and  classify  all  the 
amendments  to  the  Constitution,  which  may  be  referred  to  said 
Committee,  and  present  them  in  one  body,  for  the  fmal^action  of  the 
Convention. 

When  an  amendment  to  the  Constitution  shall  have  passed  its  se- 
cond reading,  and  received  its  third  reading,  and  been  considered 
on  that  reading,  the  question  shall  be  on  referring  it  to  the  Commit- 
tee of  seven,  and  ordering  it  to  he  engrossed  ;  but  a  motion  to  amend 
shall  take  precedence  of  that  question. 

After  the  amendments  to  the  Constitution  and  Ordinances  shall 
have  passed  their  third  and  last  reading,  they  shall  be  enrolled:  the. 
former  on  parchment,  and  presented  for  ratification*  which  shall  he 
done  in  Convention,  by  the  signature  of  the  President,  and  counter- 
signed by  the  Secretaries. 

Mr.  Speight,  of  Greene,  from  the  Committee  to  whom  the  sub ject 
was  referred,  reported  the  following  Article,  which  passed  to  its 
second  reading: 

That  in  the  election  of  all  officers  whose  appointment  is  conferred 
on  the  General  Assembly  by  the  Constitution,  the  vote  shall  be  viva 
voce. 

Mr.  Swain,  from  the  Committee  to  whom  was  referred  the  Reso- 
lution instructing  them  to  enquire  and  report  whether  any,  and  if 
any,  what  amendments  are  proper  to  be  made  to  the  Constitution  as 
to  the  exclusion,  in  whole  or  in  part  of  Borough  members  from  the 
House  of  Commons,  reported: 

That  in  the  opinion  of  the  Committee,  the  right  of  representation 
as  heretofore  exercised,  should  be  continued  to  the  towns  of  Eden- 
ton,  Fayettevillc,  Newborn  and  Wilmington,  and  withheld  from  the 
towns  of  Halifax,  Hillsborough  and  Salisbury.  They  therefore  re- 
commend the  adoption  of  the  following  amendment  to  the  Article 


JOUIINAL    OF    Tim    CONVENTION.  37 

prescribing  t!ic  manner  in  which  the  House  of  Commons  shall  be 
constituted,  ami  of  the  annexed  Article  in  addition  tlicreto:  After 
the  word  "Representatives"  in  the  third  line,  insert  "exclusive  of 
the  town  members  hereinafter  provided  for." 

Additional  Article — That  in  addition  to  the  one  hundred  and  twen- 
ty Representatives  chosen,  as  hereinbefore  prescribed,  by  the  coun- 
ties of  this  State,  there  shall  be  chosen  one  Representa- 
tive in  the  House  of  Commons  from  each  of  the  towns  of  Edenton, 
Fayetteville,  Newborn  and  Wilmington. 

The  engrossed  Articles  prescribing  the  manner  in  which  the  Se- 
nate and  House  of  Commons  shall  be  constituted,  were  read  the  third 
time- 
Mr.  Fisher  moved  to  fill  the  blank  in  the  first  Article  with  the 
•word  "  biennially.*'  And  the  question  being  to  agree  thereto,  it 
was  decided  in  the  aifiriaative.     Yeas  85,  Nays  35. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Speight,  of  Greene. 

Those  who  voted  in  the  .affirmative  were 

Messrs.  Andres,  Arrlngton,  Adams,  Bower,  Barringer,  Bryni,  Baxter, 
Brittain,  Biggs,  Bunting,  Brodnax.  Crudup,  Cathey,  Cansle;-,  Cooper, 
Chalmers,  Dockery,  Dobson,  Elliott,  Ferebee,  Fisher,  Faison,  Franklin, 
"Gatling,  Gaither.  Graves,  Gaston  (Crave,n)  Gaston  (Hyde.)  Guam,  Gtier, 
•Gaines,  Gray,  Giles,  Gadger,  Hill,  Hogan,  Hargravc,  Hussey,  Hodges, 
■Hug;gins,  Hutcheson,  Holmes,  Jervis,  Joiner,  Jacocks,  King,  Ktlly,  Lea-, 
McQueen,  Morris,  McMillan,  Melchor,  McPhcrson,  McDiarnul,  Mar- 
chant,  Morehead,  Martin,  Montgomery,  Meares,  Moore,  Norcom.  Owen, 
rearsall,  Parker,  Powell  [Robeson,)  Ramsay  {Chatham,)  Ramsay  fPicsquo- 
tank,)  Swain,  Styron,  Skinner,  Stallings,SIVipp,  Sanders,  Smith  (Orangu) 
Isiwith  (Fancy,)  Sbober,  Spruill,  Toomer,  White,  Welch,  Wit-san  (P'tr* 
qirimons,)  Williams  (Person,)  Williams  (Pitt,)  Wellborn  and  Young — 
85  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Bonner,  Branch,  Bailey,  Birchett,  Cox.  Calvert,  Cham- 
bers, Carson  (Putherford,)  Collins,  Daniel,  Edwards,  Gilliam,  Gary,  Hall, 
Halsey,  Jones  (Wake,)  Macon,  Outlaw,  Powell  (Columbus.)  Pipkin,  Rutnn, 
Rayner,  Roulhac,  Sawyer,  Spaight  (Craven.)  Speight  (Greene,)  Suo-o-,  Sea- 
well,  Tayloe,  Troy,  Wilson  (Edgecomb,)  Williams  (Franklin,)  Whitfield, 
and  Wilder — 35  Nays. 

On  motion  of  Mr.  Fisher,  the  blank  in  the  Article  relating  to  the 
House  of  Commons  was  also  filled  with  the  word  "biennially." 

Mr.  Wilson,  of  Perquimons,  moved  to  strike  out  the  words  "fifty" 
alid  "one  hundred  and  tivcnty"  and  insert  in  their  stead  the  numbers 
"thirty  four9'  and  "ninety." 
v       Mr.  Dockery  called  for  a  division  of  the  question. 

And  the  question  being  on  striking  out,  the  Yeas  and  Nays  were 
acquired  by  one  fifth  of  the  members  present,  on  the  call  of  Mr.  Wil- 
liams, of  Frank! i-n, 


38        Journal  of  the  convention. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Averitt,  Baxter,  Biggs,  Bunting,Calvert  Ferebee,Gatling,  Haft* 
Hussey,  Huggins,  Holmes,  Jacocks,  McPherson,  Norcom,  Powell  (Colum- 
bus)  Powell  (Robeson,)  Pipkin,  Rayner,  Roulliac,  Styron,  Sawyer,  Sugg, 
Stallings,  Sanders,  Spruill,  Wilson  (Edgecomb,)  Wilson  (Perquimons,) — 
26  Yeas. 


Those  who  voted   in  the  negative  were 


Messrs.  Andres,  Arrington,  Adams,  Bower,  Bonner,  Barringer,  Bryan, 
Brittain,  Bailey,  Birchett,  Brodnax,  Crudlip,  Cathey,  Cox,  Cansler,  Coop- 
er,  Chalmers,  Chambers,  Carson  (Rutherford^)  Collins,  Daniel,  Dockery, 
Dobson,  Elliott,  Edwards,  Fisher,  Faison,  Franklin,  Gaither,  Graves, Gastoa 
{Craven,)  Gilliam,  Guinn,  Grier,  Gaines,  Gary.  Gray,  Giles,  Gudger,  Hill/ 
Hogan ,  Hargrave,  Hutcheson,  Halsey,  Jones  (Wake,)  Jervis,  Joiner,  King, 
Kelly,  Lea,  Macon,  McQueen,  Morris,  McMillan,  Melchor,  McDiarmid, 
Marchant,  Morehead,  Martin,  Montgomery,  Meares,  Moore,Outlaw,  Owen, 
Pearsall,  Parker,  Ruffin,  Ramsay  (Chatham,)  Ramsay  (Pasquotank,) 
Swain,  Skidner,  Spaight  (Craven,)  Speight  (Greene,)  Shipp,  Smith  (Orange,) 
Smith  (Fancy,)  Seawell,  Shober,  Tayloe,  Troy,  Toomer,  White,  Williams 
(Franklin,)  Williams  (Person,)  Williams  (Pitt,)  Welch,  Whitfield,  Well- 
born, Wilder  and  Young — 92  Nays. 

So  tie  Convention  refused  to  strike  out — Yeas  26,  Nays  92. 

Mr.  Giiinn  submitted  the  following  amendment:  Insert  after  the 
3d  sectiofi  of  the  Article  relating  to  the  House  of  Commons  the  fol- 
lowing: fi  Until  the  year  1842,  and  after  that  time,  the  several  frac- 
tions may  be  disposed  of  at  the  discretion  of  the  Legislature,  at  the 
several  periods  of  making  the  apportionments." 

And  on  motion,  the  Convention  adjourned. 


WEDNESDAY,  JUNE  24,  1835. 
The  Convention  met  pursuant  to  adjournment.      Prayer  by  the 
Rev.  Dr.  McPheeters,  of  the  Presbyterian  Church. 
On  motion  of  Mr   Spaight,  of  Craven, 

Ordered,  That  the  additional  Rules  for  the  government  of  the  Convention 
be  printed. 

The  Convention  proceeded  to  the  consideration  bf  the  unfinished 
business  of  yesterday;  and  Mr.  Guiun  having  withdrawn  the  amend- 
ment offered  by  him,  Mr.  Kelly  submitted  the  following:  Strike 
out  all  after  the  words  "  shall  be,"  in  the  17th  line  of  the  3d  section, 
and  insert  the  words  "  elected  among  the  several  counties  having 
said  excesses,  according  to  their  federal  population,  by  districts  ; 
and  in  case,  after  such  division  into  districts,  there  should  remain 
any  excess,  the  same  shall  be  assigned  to  the  districts  having  the 
largest  fractions." 

The  question  being  had  on  this  amendment,  it  was  decided  in  the 
negative— Yeas  57,  Nays  83. 


JOURNAL  OP  THE  CONVENTION.  39 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Sanders. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Averitt,  Arrington,  Bryan,  Baxter,  Biggs,  Cox,  Coop- 
:r,  Chalmers,  Ferebee,  Catling,  Guinn,  Hussey,  Huggins,  Howard,  Holmes, 
fones  (PVake,)  Jacocks,  Kelly,  Macon,  McPherson,  McDiarmid,  Norcom, 
3v\en,Powell  (Columbus,)  Powell  (Robeson,)  Pipkin,  Styron,  Sawyer,  Sugg, 
fallings,  Sanders,  Seawell,  Troy,  Toomer,  Wilson  (Edgecomb,)  Wilson 
'Perquimons,) — 37  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Adams,  Bower,  Bonner,  Barringer,  Brittain,  Bailey,  Bunting, 
Birchett,  Brodnax,  Boddie,  Crudup,  Cathey,  Cansler,  Calvert,  Chambers, 
Darson  (Rutherford,)  Collins,  Daniel,  Dockery,  Dobson,  Elliott,  Ed- 
wards, Fisher,  Faison,  Franklin,  Gaither,  Graves,  Gaston  (Craven,}  Gaston 
Hyde,)  Gilliam,  Grier,  Gaines,  Gary,  Gray,  Giles,  Gudger,  Hall,  Hogan, 
Sargrave,  Hooker,  Hodges,  Hutcheson,  Halsey,  Jervis,  Jones  (ff'ilkes,) 
Joiner,  King,  Lea,  McQueen,  Morris,  McMillan,  Melchor,  Marchant, 
Morehead,  Martin,  Montgomery,  Meares,  Moore,  Outlaw,  Peavsall,  Par- 
ser, Ruffin,  Ramsay  (Chatham,)  Ramsay  (Pasquotank,)  Rayner,  Swain, 
Skinner,  Sp&ight  (Craven,)  Speight  (Greene^)  Shipp,  Smith  (Orange,) 
Smith  (Fancy,)  Shober,Spruill,  Tayloe,  White, Williams  (Franklin,)  Will- 
iams (Person,)  Williams  (Pitt,)  Welch»  Wellborn,  Wilder  and  Young — » 
—83  Nays. 

Mr.  Guinn  submitted  the  following  amendment,  which  was  re- 
jected: Add  to  the  3d  section  ot  the  Article  relating  to  the  House  of 
Commons  the  words  "Until  the  year  1842,  and  then  the  Legislature 
may,  at  its  discretion,  dispose  of  the  fractions,  where  no  county's 
fraction  exceeds  two-thirds  of  the  requisite  ratio,  by  districts  or 
itherwise." 

Mr.  Biggs  moved  to  amend  the  same  section  by  adding  the  follow-t 
ing  proviso: 

Provided  that  no  eounty  shall  have  more  than  three  Representa- 
tives in  the  House  of  Commons ;  and  should  any  county  or  counties* 
after  being  entitled  to  three  Representatives,  according  to  the  re- 
quisite ratio,  have  such  large  fractions  as  would  entitle  them  to  an- 
other Representative,  then  such  additional  Representative  or  Rcpre-- 
gentatives  shall  be  assigned  to  the  county  or  counties  not  entitled  to 
but  one  Representative  by  the  ratio,  but  which  may  have  the  next 
largest  fractions  to  those  counties  which  will  be  entitled  to  Repre-- 
sentatives  according  to  the  above  mode  of  apportionment. 

The  question  being  had  on  this  amendment,  it  was  determined  in 
the  negative. 

On  motion  of  Mr.  Hargravc,  the  first  section  of  the  same  Article 
was  amended  by  striking  out  the  words  "  by  counties  or  districts,  or 
both,"  and  inserting  in  lieu  thereof  •'  to  be  elected  from  the  several 
counties  of  this  State." 

•Mr.  Swain  moved  to  adopt  the  amendments  reported  on  yestcr-. 


40  JOURNAL    03?    THE    CONVENTION. 

clay  by  the  Committee  to  whom  had  been  referred  the  subject  of  Bo- 
rough Representation. 

And  on  motion,  the  Convention  adjourned- 


THURSDAY,  JUNE  25,  1335. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Mr.  Jamieson, 

Mr.  Dockery  submitted  the  following  Resolution: 

Resolved^  That  during  the  remainder  of  the  sesskm  of  this  Convention,, 
there  shall  be  a  recess  each  day  from  1  o'clock,  P.  M.  to  5  o'clock,  P.  M. 

On  motion  of  Mr.  Speight,  "of  Greene, 
The   Convention  proceeded  to  consider  the  said   Resolution  ;  and! 
Mi'.  Shober  moved  to  amend,  by  inserting  after  the  word  "Conven- 
tion," the  words  "  from  and  after  Monday  next." 

On  motion  of  Mr.  Gaston,  of  Craven, 

Ordered,  That  the  Resolution  do  lie  upon  the  table. 

On  motion  of  Mr.  Collins, 

Ordered,  That  the  Committee  of  26  be  instructed  to  report  a  plan  fop 
districting  the  State  for  Senators,  and  apportioning  the   members  in  the  t 
House  of  Commons. 

On  motion  of  Mr.  Fisher, 

Ordered,  That  the  Committee  of  the  Whole  be  discharged  from  the  con- 
sideration of  the  13th  Resolution. 

The  Convention  proceeded  to  consider  the  said  Resolution,  which 
was  adopted  in  the  following  words: 

'Resolved,  That  a  Committee  be  appointed  to  enquire  whether  any,  and 
*  if  any*  what  amendments  may  be  proper,  providing  that  the  Attorney-Ge- 
neral shall  be  elected  for  a  term  of  years. 

Messrs'.  Harrington,  Eoulhac,  Joiner,  Jones,  of  Wilkes,  and  An- 
dres compose  the  Committee  raised  by  said  Resolution. 
On  motion  of  Mr.  Fisher, 

Ordered,  That  the  Committee  of  the  Whole  be  disaharged  from  the  con-, 
sideratiou  of  the  14th  Resolution. 

The  said  Resolution  was  read  and  adopted  as  follows: 

Resolved*  That  a  Committee  be  appointed  to  enquire  and  report  whether' 
any,  and  if  any,  what  amendments  should  he  made  providing  a  tribunal 
whereby  Judges  of  the  Supreme  and  Superior  Courts,  and  other  Officers! 
of  the  State,  may  be  impeached  and  tried  for  corruption  and  mal-practiccs| 
in  office.  | 


JOURNAL  OF  THE  CON  VKXTIOST.  4i 

Messrs.  Morchead,  Dockery,  Mc-Pbcpsou,  Guinu  and  Gary  com* 
iosc  the  Committee  raised  by  the  Resolution. 
On  motion  of  Mr.  Fisher, 

Ordered,  That  the  Committee  of  the  Whole  be  discharged  from  the  con- 
ideration  of  the  15th  Resolution. 

The  said  Resolution  Mas  then  read  and  adopted,  as  follows: 

Resolved,  that  a  Committee  be  appointed  to  enquire  and  report  whether 
ny,  and  if  any,  what  amendments  should  be  made  vacating  the  office  of  a 
ustice  of  the  Peace,  and  disqualifying  him  from  holding  such  appointment 
pon  conviction  of  an  infamous  crime  or  of  corruption  and  mal-practice  in 
ffice. 

Messrs.  Hill,  Hall,  Hargrave,  Hussey  and  Hooker  compose  the 
Committee. 

On  motion  of  Mr.  Fisher, 

Ordered,  That  the  Committee  of  the  whole  be  discharged  from  the  con- 
ideration  of  the  loth  Resolution. 

The  Convention  proceeded  to  consider  the  said  Resolution,  and  it 
•'as  adopted,  as  follows: 

Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whether 
ny,  and  if  any,  what  amendments  should  be  made  providing  for  the  remo- 
al  of  any  of  the  Judges  of  the  Supreme  or  Superior  Courts  for  mental  or 
hysical  inability,  upon  a  concurrent  Resolution  of  two-thirds  of  both  branch- 
s  of  the  Legislature. 

Messrs.  Toother,  Hogan,  Spaight,  of  Craven,  Chalmers  and  Cal- 
crt  compose  the  Committee. 

On  motion  of  Mr.  Fisher, 

Ordered,  That  the  Committee  of  the  Whole  be  discharged  from  the  con- 
ideration  of  the  following  Resolution: 

Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whether 
ny,  and  if  any,  what  amendments  should  be  made  providing  that  the  sala- 
ies  of  the  Judges  shall  not  be  diminished  during  their  continuance  in  office. 

The  Convention  proceeded  to  consider  the  said  Resolution  ;  and 
11  the  question  that  it  be  adopted,  it  was  decided  in  the  affirmative. 
On  motion  of  Mr.  Gaston,  of  Craven, 

Ordered,  That  said  Resolution  be  referred  to  the  same  Committee  to  whom 
\  referred  the  16th  Resolution. 

On  motion  of  Mr.  Fisher, 
Ordered,  That  the  Committee  of  the  Whole  be  discharged  from  the  con- 
ideration  of  the  18th  Resolution. 

The  Convention  proceeded  to  consider  the  Resolution,  and  it  was 
dopted,  as  follows: 

Resolved,  That  a  Committee  be  appointed  to  enquire  and  report  whether 
ny  amendments  ought  to  be  made,  and  if  so, what  amendments  are  proper, 
>  provide  against  unnecessary  private  legislation. 

6  > 


42  JOURNAL  OF  THE  CONTENTIOM. 

Messrs.  Meares,  Edwards,  Cox,  Cansler  and  Bunting  compose 
the  Committee. 

On  motion  of  Mr.  Collins, 

Ordered*  that  the  Committee  of  the  whole  be  discharged  from  the  consi- 
ieration  of  the  following  Resolution  : 

Resolved,  that  a  Committee  be  appointed  to  enquire  and  report  whether 
it  be  proper  to  make  any  amendment,  and  if  so,  what  amendment,  so  as  to 
provide  that  no  Judge  of  the  Supreme  Court  shall  be  eligible  to  any  office, 
nor  any  Judge  of  the  Superior  Court  to  any  other  office  than  that  of  Judge 
of  the  Supreme  Court,  while  retaining  his  judicial  appointment. 

The  Convention  proceeded  to  consider  the  said  Resolution  ;  and 
the  question  being  on  its  adoption,  it  was  determined  in  the  affirma- 
tive. 

On  motion  of  Mr.  Collins, 

Ordered,  That  the  said  Resolution  be  referred  to  the  same  Committee  tc 
whom  was  referred  the  16th  Resolution. 

Mr.  Cooper  moved  that  the  Convention  resolve  itself  into  a  Com- 
mittee of  the  Whole,  to  take  into  consideration  the  9th  Resolution, 
proposing  that  a  Committee  he  appointed  to  enquire  and  report  whe- 
ther any,  and  if  any,  what  amendments  be  proper  to  be  made  in  the 
32d  Article  of  the  Constitution,  which  was  heretofore  referred  to  it 
and  made  the  special  order  for  this  day. 

Mr.  Edwai'ds  moved  to  postpone  this  order  of  the  day  until  to- 
morrow;  which  motion  having  precedence,  the  question  was  taken 
on  the  postponement  and  determined  in  the  affirmative. 

The  Convention  proceeded  to  consider  the  unfinished  business  o 
yesterday,  being  the  question,  on  the  motion  of  Mr.  Swain,  to  adop 
the  amendments  reported  by  the  Committee  on  Borough  Represent 
tation. 

And,  on  the  question  of  concurring  with  the  report,  it  was  decider 
in  the  negative.     Yeas  50 — Nays  73. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  member  | 
present  on  the  call  of  Mr.  Biggs. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Andres,  Bower,  Barringer,  Bryan,  Bailey,  Bunting,  Brodnaxj 
Cox,  Cansler,  Chalmers,  Carson  (Rutherford,)  Collins,  Dockery,  Dobson, 
Fisher,  Franklin,  Gaston  (Craven,)  Gaston  (Hyde,)  Gray,  Giles,  Gudgei 
Hill,  Hooker,  Jones  (Wilkes,)  Joiner,  King,  Kelly,  McQueen,  McDiarmid 
Morehead,  Martin,  Meares,  Moore,  Outlaw,  Owen,  Powell  (Robeson,^ 
Roulhac,  Swain,  Skinner,  Spaight  {Craven,)  Speight  (Greene,)  Shipp 
Sanders,  Shober,  Troy,  Toomer,  White,  Williams  (Pitt.)  Wellborn  an 
Young — 50  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Arrington,  Adams,  Bonner,  Baxter,  Brittain,  Biggi 
Birchett,  Boddie,  Crudup,  Cathey,  Cooper,  Calvert,  Chambers,  Danie! 
Elliott,  Edwards,  Ferebee,  Faison,  Gatling,  Gaither,  Graves,  Gillian 
Guinn,  Grier,  Gaines,  Gary,   Hall,    Hogan,   Margrave,    Hussey,    Hodges 


JOURNAL  OF  THE  CONVENTIOV.  43 

Juggins,  Howard,  Hutclieson,  Harrington,  Halsey,  Holmes,  Jones  {Wake,) 
;rvis,  Jacocks,  Lea,  Macon*  Morris,  McMillan,  Meichor,  McPherson* 
[archant,  Marsteller,  Montgomery,  Norcom,  Powell  (Columbus.)  Pearsall* 
arker,  Pipkin,  Ruffin,  Ramsay  (Chatham,)  Ramsay  (.Pasquotank,)  Styron, 
iwyer,  Sugg,  Stallings,  Smith  (Orange,)  Smith  ( Fancy,)  Seawell,  Spruill, 
ayloe,  Wilson  (  Edgccomb,)  Wilson  (Ferquimons,)  Williams  {Franklin,) 
Williams  (Person,)  Welch  and  Wilder — 73  Nays. 

Mr.  Gaston,  of  Craven,  submitted  the  following  amendment : 
"  That  in  addition  to  the  one  hundred  and  twenty  Representatives 
josen,  as  hereinbefore  prescribed,  by  the  Counties  of  this  State, 
lere  shall  he  biennially  chosen  one  Representative  in  the  House  of 
ommons,  from  each  of  the  towns  of  Fayetteville,  Ncwbern  and  Wil- 
ington. 

And  on  the  question  that  the  amendment  be  adopted,  it  was  deci- 
?d  in  the  negative.     Yeas  47 — Nays  75. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members  pro- 
mt on  the  call  of  Mr.  Marchant. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Andres,  Bower,  Barringer,  Bryan,  Bailey,  Bunting,  Brodnax, 
ox,  Cansler,  Chalmers,  Carson  [Rutherford,)  Dockery,  Uobson,  Elliott, 
isher,  Franklin,  Gaston  (Craven,)  Gaines,  Gray,  Giles,  Gudger,  Hill, 
>nes  (Wilkes,)  Joiner,  King,  Kelly,  McQueen,  McMillan,  Meichor,  Mc- 
iarmid,  Morehead,  Martin,  Meares,  Moore,  Outlaw,  Owen,  Powell  (Bo- 
:son,)  Skinner,  Spaight  (Craven,)  Speight  (Grtcne,)  Sliipp,  Shober,  Troy, 
oomer,  White,  Wellborn  and  Young — 47  Yeas. 

Those  who  voted  in  the  negative  were 
Messrs.  Averitr,  Arrington,  Adams,  Bonner,  Baxter,  Brittain,  Biggs, 
irchett,  Boddie,  Crudup,  Cathey,  Cooper,  Calvert,  Chambers,  Collins, 
aniel,  Edwards,  Ferebee,  Faison,  Gatling,  Gaither,  Graves,  Gilliam,  Gas- 
n  (Hyde,)  Guinn,  Grier,  "Gary,  Hall,  Hogan,  Hargrave,  Hussey,  Hooker, 
odges,  Huggins,  Howard,  Hutcheson,  Harrington,  Halsey,  Holmes,  Jones 
Wake,)  Jervis,  Jacocks,  Lea,  Macon,  Morris,  McPherson,  Marchant, 
larsteller,  Montgomery,  Norcom,  Powell  (Columbus,}  Pearsall,  Parker, 
ipkin,  Ruffin,  Ramsay  (Chatham, )  Ramsay,  (Pasquotank,)  Ro\i\hac,  Sty- 
>n,  Sawyer,  Sugg,  Stallings,  Sanders,  Smith  (Orange,)  Smith  (Fancy,) 
eawell,  Spruill,  Tayloe,  Wilson  (Edgecomb,)  Wilson  (Perquimons,)  Wil- 
ams  (Franklin,)  Williams  (Person,)  Wiliams  (Pitt,)  Welch,  and  Wilder 
-75  Nays. 

Messrs.  Gaston,  of  Craven,  Morehead,  Daniel,  Ruffin,  Ramsay, 
i  Chatham,  Ramsay,  of  Pasquotank,  and  Rayner  were  appointed 
y  the  President  to  compose  the  Committee  on  Enrolments. 

And  on  motion,  the  Convention  adjourned. 


44  JOURNAL  OF  THE   CONVENTION. 


FRIDAY,  JUNE  26,  1835. 
The  Convention  met,  pursuant  to  adjournment.     Prayer  by   the 
Rev.  Dr.  McPheeters. 

On  motion  of  Mr.  Giles, 
Ordered,  That  Mr.  Barringer  have  leave  of  absence  from  the  service 
of  the  Convention  during  the  remainder  of  the  session. 

Mr.  Edwards  moved  that  the   Convention    resolve   itself  into   a1 
Committee  of  the  Whole,  according  to  the  order  of  the  day,   on  the 
Resolution  proposing  that  a  Committee  be  appointed  to  enquire  ?.ud 
report  whether  any,  and  if  any,  what  amendments  be  proper  to  be 
made  in  the  32d  Article  of  the  Constitution. 

The  question  having  been  stated,  Mr.  Smith,  of  Orange,   moved 
to  lay  the  order  of  the  day  on  the  table. 

A  question  of  order  arising  on  the  motion  of  Mr.  Smith,  the  Pre- 
sident decided  that  it  was  in  order. 

From  this  decision  of  the  Chair,  Mr,  Snaight,   of  Craven,   ap- 
pealed to  the  Convention, 

And  on  the  question,  Is  the  decision  of  the  President  correct?  it 
was  determined  in  the  affirmative. 

The  question  was  then  taken  ;  and  the  Convention  refused  to  lay 
the  order  of  the  day  on  the  table — Yeas  49,  Nays  72. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members  pre- 
sent, at  the  call  of  Mr.  Smith,  of  Orange. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Averitt,  Adams,  Biggs,  Birchett,  Boddie,  Cathey,  Cox,  Coop- 
er, Chalmers,  Carson  {Rutherford,)  Dockery,  Elliott,  Franklin,  Grier, 
Gaines,  Gudger,  Hogan,  Hussey,  Hooker,  Hutcheson,  Jones  {Wake,)  Jer- 
vis,  Joiner,  King,  Lea,  McQueen,  Morris,  Mekhor.  Merehead,  Martin, 
Montgomery,  Moore,  Powell  (Columbus,)  Pearsall,  Parker,  Ramsay  (Chat- 
ham,) Styron,  Sugg,  Speight  (Greene,)  Smith  (Orange,)  Seawell.  Sherard, 
Shober,  Spruill,  Wilson  (Edgecomb,)  Welch,  Woolen,  Wilder  and 
Young — 49  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Arrington,  Bower,  Bonner,  Bryan,  Baxter,  Branch,  Brittain, 
Bailey,  Bunting,  Brodnax,  Crudup,  Cansler,  Calvert,  Chambers,  Collins, 
Daniel,  Dobson,  Edwards,  Ferebee,  Fisher,  Faison,  Gatling,  Gai> 
ther,  Graves,  Gaston  ( Craven,)  Gaston  (Hyde,)  Gilliam,  Guinn,  Gary, 
Gray,  Giles,  Hall,  Hargrave,  Hodges,  Huggins,  Howard,  Harrington, 
Holmes,  Jones  (IVilkes,)  Jacocks,  Kelly,  Macon,  McMillan,  McPherson. 
Marchant,  Marsteller,  Mearea,  Norcom,  Outlaw,  Owen,  Pipkin,  Powel! 
(Robeson,)  Ruffin,  Rayner,  Ramsay  (Pasquotank,)  Rouihac,  Swain,  Saw. 
yer,  Skinner,  Spaigh t  (Craven,)  Stallings,  Sbipp,  Sanders,  Smith  (Fancy, 
Taybe,  Troy,  Toomer,  White,  Williams  (Franklin,)  Williams  (Pitt,) 
Wilson  (Perqnimons,)  and  Wellborn — 72  Nays. 

The  question  recurring  on  the  motion  of  Mr.  Edwards,  it  was  <Ie 
tcrmined  in  the  affirmative. 


JOURNAL  OF  THE  CONVENTION.  45 

And  the  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
according  to  the  order  of  the  day,  Mr.  Fisher  in  the  Chair,  on  the 
9th  Resolution  proposing  that  a  Committee  he  appointed  to  enquire 
whether  any,  and  if  any,  what  amendments  he  propel'  to  he  made 
in  the  S2d  Article  of  the  Constitution.  And  after  some  time  spent 
therein,  the  President  resumed  the  Chair,  and  Mr.  Fisher  reported 
th.it  the  Committee  had,  according  to  order,  had  the  said  resolution 
under  consideration,  hut  not  having  gone  through  the  same,  had  in- 
structed him  to  ask  for  leave  to  sit  again. 

And  on  the  question  that  the  Committee  of  the  Whole  have  leave 
to  sit  again,  it  wa:-;  determined  in  the  affirmative. 

And  on  motion,  the  Convention  adjourned. 


-elW&fr- 


SATURDAY,  JUNE  £7,   1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  tho 
Rev.  Mr.  Jamieson. 

On  motion  of  Mr.  Edwards, 

The  Convention,  according  to  the  Order  of  the  day,  again  resolv- 
ed itself  into  a  Committee  of  the  Whole,  Mr.  Fisher  in  the  Chair, 
on  the  9th  Resolution,  proposing  that  a  Committee  he  appointed  to 
enquire  whether  any,  and  if  any,  what  amendments  he  proper  to  be 
made  in  the  32d  Article  of  the  Constitution.  And  after  some  time 
spent  therein,  the  President  resumed  the  Chair,  and  Mr.  Fisher  re- 
ported that  the  Committee  had.  according  to  order,  again  had  the 
Raid  Resolution  under  consideration,  hut  not  having  gone  through  tho 
same,  had  instructed  him  to  ask  for  leave  to  sit  again. 

And,  on  the  question  that  the  Committee  of  the  whole  have  leave 
to  sis  again,  it  was  decided  in  the  affirmative. 

On  motion,  the  Convention  adjourned. 


~*W,9>- 


MONDAY,  JUNE  29,  1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  McPheelers.  of  the  Presbyterian  Church. 

On  motion  of  Mr.  Dockery,  the  Convention  took  up  for  consider- 
ation the  following  Resolution  : 

Resolved,  That  during  the  remainder  of  the  session  of  this  Convention, 
there  shall  be  a  recess  each  day  from  1  o'clock,  P.  M.  to  3  o'clock,  P.  M. 

On  motion  of  Mr.  Shober, 


46  JOUHNAL  OF  THE  CONVENTION. 

Ordered,  That  the  said  Resolution  lie  on  the  table. 

On  motion  of  Mi*.  Edwards, 
The  Convention,  according  to  the  order  of  the  day,  again  resolved 
itself  mto  a  Committee  of  the  whole,  Mr.  Fisher  in  the  Chair,  on  to 
9th  Resolution,  proposing  that  a  Committee  bo  appointed  to  entire 
whether  any,  and  .1  any,  what  amendments  be  proper  to  be  made  n 
he  32,1  Mic  o  of  the  Constitution;  and  after  some  time  spent  S 
the  President  resumed  the  Chair,  and  Mr.  Fisher  reported,  tha  the 
CommHtee  had    according  to  order,  again   had  the  said  Rosolut  on 

gone  through  the  same,  had  instructed  him  to  ask  leave  to  sit  agaim 
And,  on  the  question  that  the  Committee  of  the  Whole  have  leave 
to  sit  again,  it  was  determined  in  the  affirmative. 

JlM^T?"*  ^  !h?  Committce  to  whom  was  referred  the 
1.4th  Resolution,  reported  the  following  Article: 

Sec.  h  That  the  Governor,  Judges  of  the  Supreme  Court  and  Su 
penor  Courts,  ami  all  other  Officer's  of  this  State,  (except  Justices 
of  the  Peace  and  Militia  Officers,)  may  he   impeached   fowilf,  II v 

Son  S  W1  °f  H"?  ^^  -al-aJmnSa^n/; r  S£ 
n.pion.     But  judgment  in  cases  of  impeachment,  shall  not  extend 
fur  her  than  to  removal  from   Office,   and   disqualifica  ion    to  hoh 
and  enjoy  any  office  of  honor,  trust  or  profit,  under  tWs sTat •   bit 
the  party  convicted  may  neverthless  be  liable  and  sub  ect  to  indie 
ment,  trial  judgment  and  punishment  according  to  Law 

bee.  2.   I  hat  the  House  of  Commons  shall  have  the  sole  power  of 
impeachment     That  the  Senate  shall  have  the  sole  power  &  try  al 
impeachments;  and  no  person  shall  be  convicted  upon  any  m peach 

eonvictlo J"  SS^1?  f^  ?™ton  P™^*  slJllcS "5  ^k 
Senate  shall  ££?t  V™*  °l™  iraI>ca^m<H  «»  members  of  the 
Senate  shall  take  an  oath  or  affirmation,   truly  and  impartially  to 

And  upon  ihe  trial  of  an  impeachment,    the   Chief-Justice  of  this 
State  shall  preside,  unless  the  Chief  Justice  be  impeached,    or  from 
nab.li  y  or  other  sufficient  cause,  to  he  adjudged  of  by  the  Senate 
he  shall  be  excused  by  the  Senate  from  pretidh.g ;   ti^Ythe  Senate 
may  appoint  some  other  person  to  preside. 

The  Article  was  read  the  first  time  ;  and  on  motion  of  Mr.  More- 
head,  ordered  to  be  printed. 

Mr.  Harrington,  f,-om  the  Committee  to  whom  was  referredthc  13th 

years,  i^ol'r'd  ""*  ^^  ^  be  C,ected  for  *  te"»  »<' 

bvSkinh^^y40  ame,"d  the  l3th  SCCtion  of  t,,e  Constitution 
(Z&&2L ,/» lftaCPit,,f^<1  ydmimlty"  the  words  ««»d  ««  JN 

!^'     '       r^     %M1SCrt   bctWeen  tt,e  wordS  "*>%"and 
follows  *""*'     S°  aS  t0  makc  ti,c   1Sth   8edi0»  ^  a* 


JOURNAL    OF    THE    CONVENTION.  47 

13th  Section.  That  the  General  Assembly  shall  by  joint  ballot 
of  both  Houses,  appoint  Judges  of  the  Supreme  Courts  of  Law  and 
Equity  and  Judges  of  Admiralty,  who  shall  be  commissioned  by  the 
Governor,  and  hold  their  oiKces  during  good  behavior. 

•Additional  Section. — That  the  General  Assembly  shall,  by  joint 
ballot  of  both  Houses,  appoint  from  time  to  time,  an  Attorney  Ge- 
neral, who  shall  be  commissioned  by  the  Governor,  and  hold  his  of- 
fice for  a  term  of  years, 

The  sections  were  read  the  first  time,  and  on  motion  of  Mr.  Har- 
rington, ordered  to  be  printed. 

Mr.  Owen,  from  the  Committee  to  whom  was  referred  the  10th 
Resolution,  reported  the  following  Article: 

If  vacancies  shall  occur  by  death,  resignation  or  otherwise,  be- 
fore the  meeting  of  the  General  Assembly,  writs  may  be  issued  by 
the  Governor,  under  such  regulations  as  may  be  prescribed  by  law. 

The  Article  was  read  the  first  time,  and  on  motion  of  Mr.  Owen, 
ordered  to  be  priutcd. 

And,  on  motion,  the  Convention  adjourned. 


TUESDAY,' JUNE  30,   1835. 

The  Convention  met  pursuant  to  adjournment.     Prayer  by  the 
Rev.  Mr.  Jamieson,  of  the  Methodist  Episcopal  Church. 
On  motion  of  Mr.  Edwards, 

The  Convention  again  resolved  itself  into  a  Committee  of  the 
Whole,  according  to  the  order  of  the  day,  Mr.  Fisher  in  the  Chair, 
on  the  9th  Resolution,  proposing  that  a  Committee  be  appointed  to 
enquire  whether  any,  and  if  any,  what  amendments  be  proper  to  be 
made  in  the  32d  Article  of  the  Constitution.  And  after  some  time 
spent  therein,  the  President  resumed  the  Chair,  and  Mr.  Fisher 
reported  that  the  Committee  had,  according  to  order,  again  had  the 
said  Resolution  under  consideration,  and  made  the  following  amend- 
ment thereto: 

Strikeout  all  after  the  word  '  Resolved,'  and  insert  in  lieu  thereof 
"  That  the  32d  section  of  the  Constitution  be  so  amended  as  to  strike 
out  the  word  "Protestant"  and  instead  thereof  to  insert  the  word 
"Christian." 

And  on  motion,  the  Convention  adjourned. 


JOUKNAL    OF   THE    COXVisN'TiO!*. 


WEDNESDAY,  JULY  1,  1335. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  tho 
Rev.  Dr.  McPheetcrs,  of  the  Presbyterian  Church. 

Mr.  Swain,  from  the  Committee  to  Whom  was  referred  the  Reso- 
lution instructing  them  to  enquire  what  amendments  arc  necessary 
to  be  made  in  the  5th  and  7th  Articles  of  the  Constitution  in  relation 
to  the  residence  and  qualifications  of  persons  voting  for  Senators, 
and  of  persons  eligible  to  the  Senate,  reported  the  following  Articles, 
as  proper  to  be  incorporated  into  the  amended  Constitution: 

That  each  member  of  the  Senate  shall  have  usually  resided  in  the 
District  for  which  he  is  chosen,  for  one  year,  immediately  preceding 
his  election,  and  for  the  same  time  shall  have  possessed,  and  con- 
tinue to  possess  in  the  District  which  he  represents,  not  less  than 
three  hundred  acres  of  land  in  fee. 

That  all  free  men  of  the  age  of  twenty-one  years,  who  have  been 
inhabitants  of  any  one  District  within  the  State,  twelve  months  im- 
mediately preceding  the  day  of  any  election,  and  possessed  of  a  free- 
hold,, within  the  same  District,  of  fifty  acres  of  land,  for  six  months 
next  before,  and  at  the  day  of  election,  shall  be  entitled  to  vote  for  a 
member  of  the  Senate. 

The  Articles  were  read  the  first  time,  and  on  motion  of  Mr.  Ed- 
wards,  ordered  to  be  printed. 

Mi".  Toomer,  from  the  Committee  to  whom  was  referred  the  16th, 
17th  and  1 9th  Resolutions,  reported  tho  following  Articles: 

1.  That  any  Judge  of  the  Supreme  or  Superior  Courts  may  be  re- 
moved from  office  for  mental  or  physical  inability,  upon  a  concur- 
rent Resolution  of  two-thirds  of  both  branches  of  the  General  As- 
sembly. The  Judge,  against  whom  the  Legislature  may  be  about  to 
proceed,  shall  receive  notice  thereof,  accompanied  with  a  copy  of 
the  causes  alleged  i'av  his  removal,  at  least  twenty  days  before  the 
day  on  which  either  branch  of  the  General  Assembly  shall  act  there- 
on. 

2.  That  the  salaries  of  the  Judges  of  the  Supreme  and  Superior 
Courts  shall  not  be  diminished  during  their  continuance  in  office. 

These  Articles  were  read  the  first  time,  and  on  motion  of  Mr. 
Toomer.  ordered  to  be  printed. 

Mr.  Toomer,  from  the  same  Committee,  reported  that  it  was  un- 
necessary to  make  any  amendment,  **so  as  to  provide  that  no  Judge 
of  the  Supreme  Court  shall  be  eligible  to  any  office,  nor  any  Judge 
of  the  Superior.  Court  to  any  other  office  than  that  of  Judge  of  the  Su- 
preme Court,  while  retaining  his  Judicial  appointment. 

Mr.  Hill,  from  the  Committee  to  whom  was  referred  the 
13th  Resolution,  reported  the  following  Article: 

That  upon  the  conviction  of  any  Justice  of  the  Peace  of  an  infa* 
mous  crime,  or  of  corruption  and  mal-praeticc  in  office,  before  the  Su- 
perior Court  held  in  the  county  in  which  he  resides, the  Commission 


JOURNAL   OF   THE    CONVENTION.  49 

>f  said  Justice  of  the  Peace  shall  he  vacated  and  he  shall  be  forever 
lisqualified  from  holding  such  appointment. 

The  Article  was  read  the  first  time,  and  on  motion  of  Mr.  Hill, 
>rdered  to  be  printed. 

On  motion  of  Mr.  Edwards, 

The  Convention  proceeded  to  consider  the  unfinished  business  of 
yesterday,  being  the  Report  of  the  Committee  of  the  Whole  on  the 
)th  Resolution. 

And  the  amendment  reported  by  the  Committee  of  the  Whole  hav- 
ng  been  read,  Mr.  Edwards  moved  to  amend  the  amendment  by 
triking  out  all  after  the  word  "That,"  and  inserting  in  lieu  thcre- 
>f  as  follows :  "All  men  having  a  natural  and  unalienable  right  to 
vorship  Almighty  God,  according  to  the  dictates  of  their  own  con-» 
ciences,  all  religious  tests  as  qualifications  for  office  are  incompati- 
tle  with  the  principles  of  free  government." 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
tresent,  on  the  call  of  Mr.  Edwards. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Bonner,  Bryan,  Branch,  Bunting,  Carson  (Burke,)  Cal- 
ert,  Daniel,  Edwards,  Gaston  (Craven,)  G&ston(Hyde,)  Hall,  Hodges, 
luggins,  Howard,  Harrington,  Jacocks,  Kelly,  Macon,  McPherson,  Mar- 
hant,  Marsteller,  Meares,  Outlaw,  Owen,  Rayner,  Roulhac,  Swain,  Saw- 
er,  Skinner,  Speight  (Craven,)  Sanders,  Tayloe,  Troy,  Williams  (Frank- 
In,)  Wilson  (Perquimons,) — 56  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Arrington,  Bower,  Baxter,  Brittain,  Biggs,  Birchett, 
Jrodnax,  Boddie,  Crudup,  Cathey,  Cox,  Cansler,  Cooper,  Chalmers, 
Chambers,  Dockery,  Dobson,  Elliott,  Ferebee,  Fisher,  Faison,  Franklin, 
xatling,  Gaither,  Graves,  Gilliam,  Guinn,Grier,  Gaines,  Gary,  Gray,  Giles, 
xudger,  Hill,  Hogan,  Hargrave,  Hussey,  Hooker,  Hutcheson,  Halsey, 
lolmes,  Jones  {Wake,)  Jones  (Wilkes,)  Jervis,  Joiner,  King,  Lea,  Lesueur, 
McQueen,  Morris,  McMillan,  Melchor,  McDiarmid,  Morehead,  Mar- 
in, Montgomery,  Moore,  Norcom,  Powell  (Columbus,)  Powell  (Robeson,) 
'earsall,  Parker,  Pipkin,  Ruffin,  Ramsay  (Chatham,)  Ramsay  (Pasquotank,) 
ityron,  Sugg,  Stallings,  Speight  (Greene,)  Shipp,  Sherard,  Smith  (Fancy,) 
ihober,  Spruill,  Toomer,  White,  Wilson  (Edgecomb,)  Welch,  Wooten, 
Yilliams  (Person,)  Williams  (Pitt,)  Whitfield,  Wellborn,  Wilder  and 
foung — 87  Nays. 

So  the  amendment  to  the  amendment  was  rejected.  Yeas  S6f 
?ays  87. 

Mr.  Jacocks  moved  to  amend,  by  striking  from  the  amendment 
eported  by  the  Committee  of  the  Whole,  all  after  the  word  "That," 
nd  inserting  "  it  is  proper  to  amend  the  32d  Article  of  the  Consti- 
^ltion,  so  as  to  substitute  in  lieu  thereof  the  following:  JVb  person 
vho  shall  deny  the  being  of  God  shall  be  capable  of  holding  any  office 
r  place  of  trust  or  profit  in  the  civil  department  xvithi^  this  State; 
rovided,  that  the  liberty  of  Conscience  hereby  secured*  shall  not  be  con- 
trued  to  excuse  acts  of  licentiousness,  or  justify s^udices  inconsistent 
vith  the  peace  or  safety  of  the  State. 


50  JOURNAL  OF  THE  CONVENTION. 

The  question  being  had  thereon,  it  was  decided  in  the  negative — 
Yeas  42,  Nays  82. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Jacocks. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Averitt,  Bonner,  Bryan,  Branch,  Bunting,  Birchett, 
Carson  (Burke,)  Chalmers,  Calvert,  Daniel,  Edwards,  Gaston  (Craven,) 
Gaston  (Hyde,)  Gilliam,  Hill,  Hall,  Hodges,  Huggins,  Howard,  Harring- 
ton, Holmes,  Jacocks,  Macon,  McPherson,  Marchant,  Marsteller,  Meares, 
Outlaw,  Owen,  Powell  (Robeson,)  Rayner,  Roulhac,  Swain,  Sawy*r,  Skin- 
ner, Spaightf  Craven,,)  Sanders, Tayloe, Troy,  Williams  (Franklin,)  Wilson 
(Perquimons,) — 42  Yeas. 

Those  who  voted  in  the  negative  were 
Messrs.  Amngton,Bower,Baxter,Brittain,Biggs,Brodnax,Boddie,Crudup, 
Cathev,  Cox,  Cansler,  Cooper,  Chambers,Dockery,Dobson,  Elliot,  Ferebee, 
Fisher,  Faison,  Franklin,  Gatling,  Gaither,  Graves,  Guinn,  Grier,  Gaines, 
Gary,  Gray,  Giles,  Gudgcr,  Hogan,  Hargrave,  Hussey,  Hooker,  Hutche- 
son,  Halsey,  Jones  (Wake,)  Jones  [Wilkes,)  Jervis,  Joiner,  King,  Kelly, 
Lea,  Lesueur,  McQueen,  Morris,  McMillan,  Melchor,  McDiarmid,  More- 
head,  Martin,  Montgomery,  Moore,  Norcom, (Powell  (Columbus,)  "PeSiYsaW, 
Parker..  Pipkin,  Ruffin,  Ramsay  (Chatham,)  Ramsay  (Pasquotank,)  Sty  r  on, 
Sugg,  Stallings,  Speight  (  Greene,)  Shiny,  Seawell,  Sherard,  Smith  (Fancy,) 
Shober,  Spruill,  Toomer,  White,  Wilson  (Edgecomb,)  Welch,  Wooten, 
Williams  (Person,)  Williams  (Pitt,)  Whitfield,  Wellborn,  Wilder  and 
Young — 82  Nays. 

Mr.  Holmes  moved  to  amend  the  amendment  by  striking  out  all 
after  the  word  ''That,"  and  inserting  "it  is  proper  to  amend  the 
32d  Article  of  the  Constitution,  so  as  to  substitute  in  lieu  thereof 
the  following:  No  person  who  shall  deny  the  being  of  God,  shall  be 
capable  of  holding  any  office  or  place  of  trust  or  profit  in  the  civil  de~ 
parlment  within  this  State.  The  exercise  and  enjoyment  of  every  re- 
ligious profession  and  worship,  without  discrimination,  shall  forever  be 
free  to  all  persons  in  this  State;  Provided  the  right  hereby  declared 
and  established,  shall  not  be  so  construed  as  to  excuse  or  justify 
practices  incompatible  with  the  freedom  and  safety  of  the  State;  and 
provided  further,  that  no  preference  shall  ever  be  given  by  law  to  any 
religious  sect  or  mode  of  worship. 

And  the  question  being  taken  thereon,  it  was  determined  in  the 
negative — Yeas  46,  Nays  78. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members  pre- 
sent, on  the  call  of  Mr.  Holmes. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Andres,  Averitt,  Bonner,  Bryan,  Branch,  Bunting,  Birchett, 
Carson  {Burke,)  Chalmers,  Calvert,  Daniel,  Edwards,  Ferebee,  Faison, 
Gaston  {Craven,)  Gaston  [Hyde,)  Gilliam,  Hill,  Hall,  Hodges,  Huggins, 
Howard,  Harrington,  Holmes.  Jacocks,  Macon,  McPherson,  Marchant, 
Marsteller,  Meares,  Outlaw,  Owen,  Pipkin,  Powell  (Robeson,)  Rayner, 
Ramsay  (Pasquotank,)  Roulhac,  Swain,  Sawyei\  Skinner,  Spaight  (Cra-> 
venO  Sanders,  Tajrloe,  Troy,  Williams  (Franklin,}  Wilson  (Perquimons^) 
— 46  Yeas. 


JOURNAL  OF  THE  CONVENTION.  51 

Those  who  voted  in  the  negative  were 

Messrs.  Arrington,  Bower,  Baxter,  Brittain,  Biggs,  Brodnax,  Boddio, 
Crudup,  Cathey,  Cox,  Cansler,  Cooper,  Chambers,  Dockery,  Dobson, 
Elliott,  Fisher,  Franklin,  Gatling,  Gaither,  Graves,  Guinn,  Grier, 
Gaines,  Gary,  Gray,  Giles,  Gudger,  Hogan,  Hargtave,  Hussey,  Hooker, 
Hutcheson,  Halsey,  Jones  (fVake,)  Jones  (Wilkes,)  Jervis,  Joiner,  King, 
Kelly,  Lea,  Lesueur,  McQueen,  Morris,  McMillan,  Melchor,  McDiarmid, 
Morehead,  Martin,  Montgomery,  Moore,  Norcom,  Powell  (Columbus,) 
Pearsall,  Parker,  Ruffin,  Ramsay  Chatham,  Styron  ,  Sugg,  S  tailings, 
Speight  (Greene,)  Shipp,  Seawell,  Sherard,  Smith  (J  ranc\j,)  Shober,  Spruill, 
Toomer,  White,  Wilson  (Edgecomb,)  Welch,  Wooten,  Williams  (Person, J 
Williams  (Pitt,)  AVhitfield,  Wellborn,  Wilder  and  Young— 78  Nays. 

Mr.  Daniel  moved  to  amend  the  amendment  by  striking  out  all 
after  the  word  "That/'  and  inserting  in  lieu  thereof  the  following: 
"  it  is  expedient  to  remove  the  disqualifications  for  office  contained 
in  the  32d  Article,  from  all  who  do  not  deny  the  being  of  a  God  and 
an  accuntability  to  him  for  the  deeds  done  in  the  body." 

Ami  the  question  being  taken  thereon,  it  was  decided  in  the  ne- 
gative— Yeas  46,  Nays  80. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Daniel. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Averitt,  Bonner,  Bryan,  Branch,  Bailey,  Bunting,  Bir- 
chett,  Carson  (JSurkef)  Chalmers,  Calvert,  Collins,  Daniel,  Edwards,  Fere- 
bee,  Gaston  (Craven,)  Gaston  (Hyde,)  Gilliam,  Hill,  Hall,  Hodges,  Hug- 
gins,  Howard,  Harrington,  Holmes,  Jacocks,  Macon,  McPherson,  Mar- 
chant,  Marsteller,  Meares,  Outlaw,  Owen,  Pipkin,  Powell  (Hobeson,)  Ray- 
ner,  Roulhac,  Swain,  Sawyer,  Skinner,  Spaight  (Craven,)  Sanders,  Taylop, 
Troy,  Williams  (Franklin,)  and  Wilson  (Perquimons,) — 46  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Arrington,  Bower,  Baxter,  Brittain,  Biggs,  Brodr-*'  Boddie, 
Crudup,  Cathey,  Cox,  Cansler,  Cooper,  Chambers,  Dockc '  *?GDson>  El- 
liott, Fisher,  Faison,  Franklin,  Gatling,  Gaither,  Gra*VV  (jUinn»  Grier, 
Gaines,  Gary,  Gray,  Giles,  Gudger,  Hogan,  Hargr'/'  VusTse7'  Hooker, 
Hutcheson,  Halsey,  Jones  (Wake,)  Jones  (0m  VJ ,,  ,T'  Joiner,  Ki»g, 
Kelly,  Lea,  Lesueur,  McQueen,  Morris,  Mr';™1'  Melchor,  McDiarmid, 
Morehead,  Martin,  Montgomery,  MookJ  y p  om»  \d  [  (Columbus,) 
Pearsall,  Parker,  Ruffin,  SimsaW \  ^ftJ^SBftf ttT°mW  St^ 
ron,  Sugg    Stalling,  Spei^^* ^^&»#^ 

and  Young — 80  kTirafi  *  .  J7         . 

ivr„  n  «  1 S  fo  amend  fhe  amendment  by  adding  thereto 

«*    ,' 0"tke:;UVh"  wopds»  or  vhoshnll  hold  ^XI  JftSttJ 
"  W&mh  with  the  freedom  and  safety  of  the  State"  lmntiVles 

P&P^  fak6n  **"*  *  WaS  dedded  ^  *■  ^ 
The  Yeas  and  Nays  were  required  by  one  fifth  of  the  member* 
•resent,  on  the  call  of  Mr.  Ramsay,  of  Pasquotank. 


. 


52  JOURNAL  OF  THE  CONVENTION. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Bonner,  Bryan,  Branch,  Bailey,  Bunting,  Birchett,  Carso 
{Burke,)  Calvert,  Collins,  Daniel,  Edwards,  Ferebee,Gaston(Crawj,)  Gas- 
ton (Hyde,)  Gilliam,  Hill,  Hall,  Hodges,  Huggins,  Howard,  Harrington, 
Holmes,  Jacocks,  Macon,  McPherson,  Marchant,  Marsteller,  Meares,Out- 
law,  Rayner,  Roulhac,  Swain,  Sawyer,  Skinner,  Spaight  {Craven,}  Sanders, 
Tayloe,  Troy,  Wilson  (Perquimons,) — 39  Yeas. 

Those  who  voted   in  the  negative  were 

Messrs.  Andres,  Averitt,  Arrington,  Bower,  Baxter,  Brittain,  Biggsr 
Brodnax,  Boddie,  Cruclup,  Cathey,  Cox,  Cansler,  Cooper,  Chalmers, 
Chambers,  Dockery,  Dobson,  Elliott,  Fisher,  Faison,  Franklin,  Gatling, 
Gaither,  Graves,  Guinn,  Grier,  Gaines,  Gary,  Gray,  Giles,  Gudger,  Hogan, 
Hargrave,  Hussey,  Hooker,  Hutcheson,  Halsey,  Jones  (Wake,)  Jones 
(Wilkes,)  Jervis,  Joiner,  King,  Kelly,  Lea,  Lesueur,  McQueen,  Morris* 
McMillan,  Melchor,  McDiarmid,  Morehead,  Martin,  Montgomery,  Moore, 
Norcom, Owen, Powell  (Columbus)  Powell  (Robeson)  Pearsall,Parker,Pipkin, 
Ruffin,  Ramsay  (Chatham, )  Ramsay  (Pasquotank,)  Styron,  Sugg,  Stallings, 
Speight  (Greene,)  Shipp,  Seavell,  Sherard,  Smith  (Fancy,)  Shober,  Spruill, 
Toomer,  "White,  Welch,  Wilson  (Edgecomb,)  Williams  (Franklin,)  Wil- 
liams (Person,)  Williams  (Pitt,)  Wooten,  Whitfield,  Wellborn,  Wilder 
and  Young — 87  Nays. 

The  question  then  recurred  on  the  amendment  reported  from  the 
Committee  of  the  Whole,  and  was  decided  in  the  affirmative — Yeas 
74— Nays  51. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members 
present  on  the  call  of  Mr.  Carson,  of  Burke. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Andres,  Bonner,  Bryan,  Baxter,  Brittain,  Biggs  Bailey,  Bun- 
tujfc  Birchett,  Brodnax,  Carson  (Burke,)  Crudup,  Cansler,  Cathey,  Chal- 
mers, ^alvert,  Collins,  Daniel,  Dobson,  Elliott,  Edwards,  Ferebee,  Fisher, 
Franklin,  Gylther>  Gaston  (Craven,)  Gaston  (Hyde,)  Gilliam,  Guinn, 
Gaines, Gary^.„ajj  Giles, Gudger, Hill,  Hall,  Hodges,  Huggins,  Harrington, 
Jervis,  Jones  C^-'W)  Jacocks,  King,  Kelly,  Lesueur,  Macon,  McMillan, 
McPherson,  Mar<^+ Martin,  Marsteller,  Meares,  Outlaw,  Pipkin,  Pow- 
ell (Robeson,)  Kuffliu  l*^.   Ramgav  (Pasauotankm  Roulhac.  Swain.  Saw. 

Young— 74  Yeas. 

Those  who  voted  in  the  negative     ^ 
Messrs.   Averitt,  Arrington,   Bower,   Bran. 
Chambers,  Dockery,  Faison,  Gatling,    Graves,    boddie,    Cox,   Cooper, 
Hussey,  Hooker,  Hutcheson,  Halsey,  Holmes,  Jones Slogan,  Hargrave, 
McQueen,  Morris,  Melchor,  McDiarmid,  Morehead,  MontgUoiner,  Lea, 
Norcom,  Owen,  Powell  (Columbus,)  Pearsall,  Parker,  Ramsay  r-  Moore, 
Stywn?S«gg.    Stalling*,   Speight  (Greene)    Seawell,    Sherard,   **»,) 
Spruill,  Toomer,  Wilson  (Edgecomb,)  Wilson  (Perquimons,)  Wool* 
WnUams  {Person,)  Whitfield  and  Wilder— 51  Nays. 
The  Resolution,  as  amended,  was  read  and  adopted. 


JOURNAL  OF  THE  CONVENTION.  53 

On  motion  of  Mr.  Fisher, 

Ordered,  That  said  Resolution  be  referred  to  a  Committee,  with  instruc- 
tions to  report  an  amendment  according  thereto. 

Messrs.  Carson,  of  Burke,  Elliott,  Chambers,  Averitt  and  Bax- 
ter compose  the  Committee. 

Mr.  Swain,  from  the  Committee  to  whom  the  subject  had  been 
referred,  made  the  following  Report: 

The  Committee  who  were  instructed  by  the  Convention  to  arrange 
the  Senatorial  Districts,  and  apportion  the  members  of  the  House  of 
Commons,  in  this  State, respectfully  report  the  accompanying  Scheme, 
as  proper  to  be  incorporated  in  the  Ordinance  to  be  prepared  for  the 
purpose  of  carrying  the  amended  Constitution  into  effect. 

The  Sub-Committee,  to  whom  was  referred  so  much  of  the  first 
Resolution,  reported  by  the  Committee  of  Thirteen,  as  refers  to  the 
formation  of  the  Senatorial  Districts,  and  the  apportionment  of  Mem- 
bers of  the  House  of  Commons,  have  had  the  same  under  considera- 
tion, and  agreed  to  the  following  Report:  which  is  respectfully  sub- 
mitted. 

JOSIAH  COLLINS,  Jun. 

Chairman  of  Sub- Commit  lee. 

The  average  amount  of  taxation  for  Five  years,  throughout  the  State,  is 
S  71,706 — which  divided  by  50  (the  number  of  Senators,)  gives  $1 4I54-, 
as  the  Ratio  of  Representation  in  the  Senate. 

The  1st  District  is  composed  of 

Perquimons  paying    $  819  average  tax  for  5  years. 
Pasquotank,  3051 

1870 
Ratio,  1434 


436  Excess 
2nd  District,   Camden,  596 

Currituck,  515 

1547  -j 
Ratio,  1434 

113  Excess  carried  to  Tyrrell. 
3d  District,  Gates,  794 

Chowan,  946 


1740 
Ratio,  1434 


306  Excess  carried  to  Wash. 

4th  Do,        Washington,  561 

Tyrrell,  443 

Excess  from  Currituck,        113 

1433 

Ratio,  1434 

11  Deficient. 


54 


JOURNAL  OF  THE  CONVENTION. 


5th  District.    Northampton,  1939 

Ratio,        1434 


6th  Do. 


7th  Do. 


8th  Do. 


9th  Do. 


Hertford, 


Bertie, 


Martin, 


505  Excess. 
1031 


1536 
Ratio,        1434 


102  Excess  lost, 


1631 
Ratio,        1434 


197  Excess. 
842 


Excess  from  Halifax,        395 


Halifax, 


1434 
Ratio,        1434 

2177 
Ratio,        1434 


10th  Do. 


11th  Do. 


743  Excess. 

395  carried  to  Marti  n. 

Nash, 

Excess  from  Wake, 

Ratio, 

348 
906 
180 

1434 
1434 

Wake, 

Ratio. 

2477 
1434 

1043  Excess 
180  Carried  to  Nash. 

12th  Do.  Franklin, 


863 
1121 

1984 
Ratio,        1434 


13th  Do. 

Johnston, 

550  Excess. 
983 

Ratio, 

1533 
1434 
99  Ex.  Wake  to  Chatham 

14th  Do^ 

Warren, 

Ratio, 

1494 
1434 

60  Excess  lost. 

15th  Do. 
16th  Do. 

Edgecomb, 
W*yne, 

Ratio, 

1964 
1434 

530  Excess 
1018 

1548 


JOURNAL  OP  THE  CONVENTION,  55 


Brought  over,  1548 

Ratio,        1434 


114  Excess.' 
17th  Do.  Greene,  681 

Lenoir,  690 


1485 
Ratio,        1434 


51  Excess. 
1 8th  Do.  Pitt,  1240 

Ex.  fr.  Beaufort  &  Hyde,  143 


19th  Do. 


Beaufort, 
Hyde, 

Ratio, 
Ratio, 

1434 

1434 

1190 
469 

1659 
1434 

225  Excess? 

143  carried  to  Pitt. 

82  Excess, 
20th  D».  Carteret,  435 

Jones,  589 

Excess  from  Craven,       259 


1365 
Ratio,        1434 


69  Deficient 


21st  Do.  Craven,  1693 

Ratio,         1434 


259  Ex.  ear.  to  Jones  &  Car. 


22nd  Do.  Chatham,  1418 

Excess  of  Wake  99 


1517 
Ratio,        1434 


83  Excess  carried  to  Moore 


23d  Do.  Granville,  1985 

Ratio,        1434 


551  Excess  carried  to  Person 


24th  Do.  Person,  937 

Excess  from  Granville,  551 


1488 
Ratio,  1434 


54  Excess  lost. 


JOURNAL  OF  THE  CONVENTION. 

25th  District,  Cumberland,  2348 

Ratio,        1434 

914  Excess. 

400  Carried  to  Moore, 

26th  Do.  514 

Sampson,  920 


1434 
Ratio,        1434 


27th  Do. 


28th  Do. 


29fh*Do. 


SOtb  Do, 


New  Hanover, 

Ratio, 

2714 
1434 

Duplin 

1280  Excess. 
891 

Ratio, 

2171 

1434 

Onslow, 

737  Excess 

647 

Ratio 

1384 
1434 

50  Deficient. 

Brunswick, 

Bladen, 

Columbus, 

523 
697 
360 

Ratio, 

1585 
1434 

Robeson, 

Richmond, 

151  Excess 

626 

856 

31st  Do, 


1633 
Ratio,       1434 

199  Eyccss- 
32nd  District,  Anson.  1064 

Excess  from  Meck'bg,  506 

1769 
Ratio,        1434 


335  Excess. 
33d  District,  Cabarrus,  786 

do.  from  Montgomery      769 

1883 
Ratio,        1434 

34th  District,  449  Excess, 

Moore,  502 

Excess  from  Chatham  63 

Do  from  Cumberland  400 

1414 


JOURNAL   OP  THE    CONVENTION. 


5T 


Brought  over, 
Ratio, 

1414 

1434 

20  Deficient 

35th  District,  Caswell, 
Ratio, 

8     1399 

1434 

35  Deficient 

36th  District,  Rockingham, 
Excess  from  Orange, 

1218 
216 

Ratio, 

37th  District,  Orange, 
Ratio, 

1434 
1434 

$    2425 
1434 

991  Excess 

216  Carried  to  Rockingham. 

38th  District,  Randolph, 

775 
929 

Ratio, 

$    1704 
1434 

39th  District,  Guilford, 
Ratio, 

40th  District,  Stokes, 

270  Excess  lost. 

$     1526 
1434 

92  Excess 
$    1231 

Ratio, 

1323 
1434 

111  Deficient, 

41st  District,  Rowan, 
Ratio, 

$    1820 
1434 

42nd  District,  Davidson, 
Ratio, 

386  Excess. 

$      997 

1383 
1434 

51  Deficient. 

43d  District,  Surry,                         $    1067 
Ratio,                                1434 

367  Deficient 

44th  District,  Wilkes,                    $      644 

Ashe,                              400 

Excess  from  Burke  &  Yancy,        149 

119; 


58 


JOURNAL    OF    THE    CONVENTION. 


Brought  over, 
Ratio, 


1193 
1434 

241  Deficient 


45th  District,  Burka,  $    1324 

Part  of  Yancy,  ■==  to  4th  of  Buncombe,  259 


Ratio, 

1583 
1434 

4'6th  District,  Lincoln, 
Ratio, 

$ 

149  Excess  carried  to  Wilkes 
and  Ashe. 

2045 
1434 

47th  District,  Iredell, 

$ 

611  Excess 
1126 

Ratio, 

1737 
1434 

303  Excess  lost* 

48th  District  Rutherford 
Ratio 

1.4th 

1479 
1434 

45  Excess  lost. 

49th  District,  Buncombe  less 
Haywood, 
Macon, 

780 
303 
352 

Ratio, 

1435 

1434 

1  Excess  lost 

50th  District,   Mecklenburg, 
Ratio, 

$ 

1940 
1434 

506  Excess  car'd.  to  Anson. 

Districts  having 

Excesses  that  are  lost. 

Buncombe,  Haywood  and  ] 

Rutherford, 

Warren, 

Hertford, 

Iredell, 

Randolph; 

Person, 

Macon, 
il  Exc< 

$    1  Excess. 
45 

60 

102 

303 

270 

54 

TotJ 

:sses,                     835 

Districts  having  deficiencies  not  made  up  by  Taxation,  from 
adjoining  Counties. 

Washington  and  Tyrrell,  $  11  Deficient 

Carteret  and  Jones,  69 

Onslow,  50 

Moore,  20 

Stokes,  111 

Davidson,  51 

Surry,  367 


JOURNAL    OF   THE    CONVENTION."  59 

Caswell.  35 

Wilkes  and  Ashe,  241 

Total  Deficients.  g55 

Total  Excesses,  35 

Deficiency  lost  in  the  whole  State  by  rejecting  fractio06  120. 


HOUSE  OF  COMMONS. 

The  House  of  Commons  to  be  apportioned  as  follows,  viz: — 
The  following  counties,  deficient  in  the  first  Ratio,  or  the  120th 
|iart,  entitled  to  one  Member  each: — 

Counties.  Fed.  Pop. 

Brunswick  5273 

Columbus  3709 

Chowan  5189 

Greene  5264 

Haywood  4461 

Jones  4378 

Macon  5149 

Tyrrell  4175 

Washington  3867 

41,465  Fed.Populat. 
Aggregate  of  Federal  Population  in  the  State  640,821 
Deduct  Fed.  Pop.  of  nine  counties  not  having 

120th  part  of  the  entire  population        -  41,465 

599,356 
129  members,  less  nine,  leaves  111  members  to    . 

be  apportioned. 
599,356  divided  by  111  gives     5399     as  the  ratio  for  1  member. 

2 


1 0,798    Pop.  for  2  members. 

5,399 


16,197    Pop.  for  3  members. 
32  Counties,  having  more  than  the  ratio,  but  less  than  twice  the 
amount,  entitled  to  one  member: 


Ashe 

1  Member 

1391 

Fraction 

Beaufort 

do 

3904 

do 

Rladen 

do 

1163. 

do 

Bertie 

do 

4144 

do 

Camden 

do 

524 

do 

Currituck 

do 

1380 

do 

Carteret 

do 

560 

do 

Cabarrus 

do 

2507 

do 

Duplin 

do 

4118 

do 

Franklin 

do 

3282 

do 

Gates 

do 

2007 

do 

Hertford 

do 

1654 

do 

Hyde 

do 

7 

do 

Johnston 

do 

4083 

do 

Lenoir 

do 

756 

do 

Moore 

do 

1676 

do 

Montgomery 

do 

4602 

do 

JOURNAL    OF    THE    CONVENTION. 


Martin 

do 

1828 

do 

N.  Hanover 

do 

3313 

do 

Nash 

do 

1608 

do 

Northampton 

do 

5095 

do 

Onslow 

do 

1157 

do 

Person 

do 

2S55 

do 

Pasquotank 

do 

2193 

do 

Pttt 

do 

4548 

do 

Perquimons 

do 

920 

do 

Robeson 

do 

3034 

do 

Richmond 

do 

2592 

do 

Sampson 

do 

4681 

do 

Warren 

do 

3547 

do 

\Va)'ne 

do 

3525 

do 

Yancy 

do 

2613 

do 

17  Counties,  having  twice  the  Ratio,  and  an  excess,  entitled 

to 

two   Members. 

Anson 

2  Members 

1385  Fraction 

Buncombe 

do 

913 

do 

Burke 

do 

1530 

do 

Cumberland 

do 

2013 

do 

Chatham 

do 

2584 

do 

Craven 

do 

484 

do 

Caswell 

do 

1813 

do 

Davidson 

do 

1323 

do 

Edgecomb 

do 

1307 

do 

Granville 

do 

4390 

do 

Halifax 

do 

3025 

do 

Iredell 

do 

2647 

do 

Randolph 

do 

1023 

do 

Rockingham 

do 

413 

do 

Surry 

do 

£923 

do 

Stokes 

do 

4261 

do 

Wilkes 

do 

57 o 

do 

7  Counties,  having  more 

than  three  times  the  Ratio,  entitled  to 

three  Members. 

Guilford 

3  Members 

1502  Fraction. 

Lincoln 

do 

4505 

do 

Mecklenburg 

do 

1017 

do 

Orange    ' 

do 

4761 

do 

Rowan 

do 

2113 

do 

Rutherford 

do 

4 

do 

Wake 

do 

957 

do 

24  Counties  entitled  to  1  Member  each 

on  accoi 

mt  of  Fractions. 

Beaufort 

having   a  Fraction   of 

3904 

Bertie 

do 

do 

4144 

Yancy 

do 

do 

2613 

Duplin 

do 

do 

4118 

Franklin 

do 

do 

3282 

Johnston 

do 

do 

4083 

N,  Hanover 

do 

do 

3313 

Pitt 

do 

do 

4548 

Robeson 

do 

do 

3034 

Sampson 

do 

do 

4681 

Warren 

do 

do 

3567 

Wayne 

do 

do 

3525 

Montgomery 

do 

do 

4602 

Northampton 

do 

do 

5095 

Granville 

do 

do 

4890 

Halifax 

do 

do 

3025 

Stokes 

do 

do 

4267 

JOURNAL  OF  THE  CONVEVTION.  61 


Lincoln 

do 

do 

4205 

Orange 

do 

do 

4761 

Person 

do 

do 

2855 

Richmond 

do 

do 

2592 

Chatham 

do 

do 

2584 

Iredell 

do 

do 

2647 

Surry  do  do        2928 


RECAPITULATION. 
9  Counties,  not  having  120th  part,  entitled 

to  1  Member  each;  9  Members. 

32  Counties,  having  more  than  the  Ratio,  but 
not  twice  that  amount,  entitled  to  1  Mem- 
ber each,  32  Members. 
17  Counties,  having  more  than  twice  the  Ratio 
but  not  three  times  that  amount,  entitled 
to  2  Members  each,                                   34  Memberg 
7  Counties,  having  more  than  three  timc9  the 
Ratio,  but  not  four  times  that  amount,  en- 
titled to  three  Members  each,  21  Members 
24  Counties,  entitled  byjFractior.s,  to  1  Mem- 

ber  each,  24  Members 

120  Whole  Number. 
On  motion  of  Mr.  Collins, 
Ordered,  That  the  Report  be  referred  to  a  Committee  of  the  Whole, 
and  made  the  special  order  of  the  clay  for  to-morrow,  and  that  it  be  printed. 

And,  on  motion,  the  Convention  adjourned. 


THURSDAY,   JULY  2,   1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Mr.  Closs,  of  the  Methodist  Episcopal  Church. 

Mr.  Hodges,  from  the  Committee  to  whom  was  referred  the  7th 
Resolution,  reported  that  it  is  inexpedient  to  change  the  present 
mode  of  appointing  and  removing  from  office  Militia  Officers. 

Mr.  Hodges,  from  the  same  Committee,  reported  the  following 
Article: 

That  a  competent  number  of  Justices  of  the  Peace  for  eacli  Cap- 
tain's District  in  the  several  Counties  of  this  State,  not  exceeding  four 
in  the  distinct  wherein  the  Court-house  for  the  county  is  situated,  and  not 
exceeding  3  in  any  other  District,  shall  in  future  be  recommended  to  the 
Governor  for  the  time  being,  by  the  respective  County  Courts,  a  ma- 
jority of  the  Justices  being  present,  and  the  Governor  shall  commis- 
sion them  accordingly.  They  may  be  removed  from  office  by  con- 
viction on  indictment  in  the  Superior  Court  for  mal-practice  in  of- 
fice, or  for  any  felonious  or  infamous  crime,  or  by  the  Governor  on 
the  address  of  two-thirds  of  each  branch  of  the  General  Assembly. 


62  JOURNAL    OF    THE    CONVENTION. 

The  Article  was  read  the  first  time,  and,  on  motion  of  Mr.  Ed-ij 
wards,  ordered  to  be  printed. 

Mr.  Gaither,  from  the  Committee,  to  whom  was  referred  the  5thi 
Resolution,  reported  the  following  Article  : 

That  no  person  who  holds  any  office  or  place  of  trust  or  profit  un-j 
der  the  United  States,  or  either  of  them,  or  under  any  foreign  pow-j 
er,  shall  hold  or  exercise  any  office  or  place  of  trust  or  profit  under] 
this  State  :■ — And,  that  no  person  shall  be  eligible  to  a  seat  in  the* 
Legislature,  whilst  he  holds  any  office  or  place  of  trust  or  profit', 
under  this  State,  (any  appointment  in  the  Militia,  and  Justice  oil 
the  peace,  excepted,)  the  United  States  or  either  of  them,  or  under) 
any  foreign  power. 

The  Article  was  read  the  first  time,  and  on  motion  of  Mr.  Bryan,!, 
ordered  to  be  printed. 

Mr.  Branch  from  the  Committee  to  whom  was  referred  sal 
much  of  the  Act  as  directs  a  mode  to  be  prescribed  for  the  ratifica-) 
tion  of  such  amendments  as  may  be  recommended  by  the  Conven-3 
tion  ;  also,  so  much  thereof,  as  directs  necessary  ordinances  and  re-j 
gulations  to  be  prescribed  for  the  purpose  of  giving  operation  anil) 
effect  to  the  Constitution  as  altered  and  amended  ;  and  also  so  much} 
thereof  as  directs  that  the  Convention  shall  provide  in  what  manner 
amendments  shall,  in  future,  be  made  to  the  said  Constitution,  re-l 
ported  in  part  : 

That  whenever  a  majority  of  the  whole  number  of  each  House  of 
the  General  Assembly  shall  deem  it  necessary  to  alter  or  amend  this 
Constitution,  they  may  propose  such  alterations  or  amendments  toj 
the  people,  and  the  Governor  shall,  by  Proclamation,  lay  the  same 
before  the  people  six  months  before  the  ensuing  election  for  Members] 
of  the  General  Assembly  ;  and  if  the  two  Houses  of  the  General  As-j 
scmbly  thus  elected,  shall  approve,  as  in  the  the  first  instance,  of  the 
amendments  proposed,  the  same  shall  be  submitted  to  the  people  for'! 
their  ratification  or  rejection,  and  if  ratified  by  a  majority,  shall  be- 
come a  part  of  the  Constitution. 

On  motion  of  Mr.  Branch, 

Ordered,  That  the  said  Report  be  referred  to  a  Committee  of  the  Whole 
Convention,  and  made  the  order  of  the  day  for  Monday  week,  and  that  it) 
be  printed. 

On  motion  of  Mr.  Wilson,  of  Perquimons, 

Ordered,  That  the  special  order  of  the  day  be  postponed  until,  to-mor-j 
row. 

On  motion  of  Mr.  Wilson,  of  Perquimons, 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
Mi*.  Spaight  of  Craven  in  the  Chair,  on  the  12th  Resolution,  proposl 
ing  that  a  Committee  be  appointed  to  enquire  whether  any,  and  if| 
any  what  amendments  be  proper  to  provide  for  the  election  of  Gov- 
ernor by  the  qualified  voters  for  the  members  of  the  House  of  Coi 
mons,  and  prescribing  the  term  for  which  he  may  be  elected .;  an( 


JOURNAL  OF  THE  CONVENTION.  6& 

the.  number  of  terms  during  which  he  shall  be  eligible.  And,  after 
some  time  spent  therein,  the  President  resumed  the  Chair,  and  Mr. 
Spaight  reported,  that  the  Committeee  had,  according  to  order,  had 
the  said  Resolution  tinder  consideration,  and  made  the  following 
amendment  thereto: — Strike  out  all  after  tha  word  "Resolved,"  and 
insert  in  lieu  thereof — "That  the  Governor  shall  be  chosen  by  the 
qualified  voters  for  the  members  of  the  House  of  Commons,  at  such 
times  and  places  as  members  of  the  General  Assembly  are  elected. 
He  shall  hold  his  office  for  the  term  of  two  years  from  the  time  of  his 
installation,  and  until  another  shall  be  elected  and  qualified;  but  he 
shall  not  be  elcgible  more  than  four  years  in  any  term  of  sixycars."' 

On  motion  of  Mr.  Giles,  the  Convention  proceeded  to  consider 
the  Report. 

And  on  the  question  of  agreeing  to  the  amendment,  it  was  deter- 
mined in  the  affirmative — Teas  74,  Nays  44. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Wilson,  of  Perquimons. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Andres,  Arrington,  Bower,  Bonner,  Baxter,  Brittain,  Biggs, 
Birchett, Carson  {Burke, )  Csithey,  Cox,Cansler,  Cooper, Chalmers, Cham- 
bers, Dobson,  Elliott,  Fisher,  Faison,  Franklin,  Gaither,  Graves, Gilliam, 
Guinn,  Grier,  Gaines,  Giles,  Gudger,  Hill,  Hall,  Hogan,  Hargrave, Hook- 
er, Huggins,  Harrington,  Holmes,  Jones  {TVake,)  3  ervis,  Kelly,  Lea,  Mc- 
Queen,Morris,McMillan,Melchor,McDiarmid,Morehead,  Martin,  Mars- 
teller,  Montgomery,  Moore,  Owen,  Powell  (Columbus.)  Powell  {Robeson) 
Parker,  RuSin,  Ramsay  (Chatham,)  Styron,  Spaight  (Craven.)  Speight 
(Greene,)  Stallings,  Shipp,  Sanders,  Sherard,  Smith  (Yancy,)  Shoher, 
White,  Wilson  {Edgecomb,)  Wilson  {Perquimons,)  Williams  (Franklin,) 
Williams  (Person,)  Wooten,  Whitfield,  Wellborn  and  Wilder — 74  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Bryan,  Branch,  Bailey,  Bunting,  Brodnax,  Boddie, 
Crudup,  Calvert,  Collins,  Daniel,  Edwards,  Ferebee,  Gatling,  Gaston 
(Craven,)  Gaston  {Hyde.)  Gary,  Gray,  Hussey,  Hodges,  Howard, Halsey, 
Jones  (Wilkes,)  Joiner,  King,  Macon,  McPherson,  Marchant,  Norcom, 
Outlaw,  Pipkin, Rayner, Ramsay  (Pasquotank,)  Sawyer,  Skinner,  Sea  well, 
Sugg,  Spruill,  Tayloe,Troy,Toomer,  Welclr, Williams  (Pitt,)  and  Young 
—-44  Nays. 

The  Resolution  was  read  and  adopted,  and  on  motion  of  Mr.  Giles, 
referred  to  a  Committee,  with  instructions  to  bring  in  the  necessary 
amendment. 

Messrs.  Pipkin,  White,  Bonner,  Faison  and  Lea  compose  the 
Committee. 

The  Convention  proceeded  to  consider  the  Report  of  the  Com- 
mittee of  the  "Whole  on  the  11th  Resolution,  reported  on  the  20th 
ultimo. 

The  amendment  reported  from  the  Committee  was  agreed  to,  and 
the  Resolution  adopted. 

On  motion  of  Mr.  Giles, 

Ordered,  That  said  Resolution  be  referred  to  the  same  Committee  to 
whom  is  referred  the  12th  Resolution. 


64  JOURNAL  OF  THE  CONVENTION. 

Mr.  Bryan  submitted  the  following  Resolution: 

Whereas,  the  observance  of  the  Anniversary  of  our  Independence 
is  the  duty  of  every  patriot  and  good  citizen,  and  tends  to  keep  alive 
the  remembrance  of  our  Revolutionary  struggle,  and  thereby  has  a 
tendency  to  remind  us  of  the  value  of  our  liberties,  and  to  preserve 
the  stability  and  permanency  of  our  Institutions: 

Be  it  Resolved*  That  when  this  Convention  adjourns  on  Friday  next,  it 
be  adjourned  to  meet  on  the  following  Monday. 

On  motion,  the  Convention  adjourned. 


FRIDAY,  JULY  3,    1855. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  ths 
Rev.  Dr.  McPheeters,  of  the  Presbyterian  Church. 

Mr.  Branch,  from  the  Committee  to  whom  was  referred  so 
much  of  the  Act  as  directs  a  mode  to  be  prescribed  for  the  ratifica- 
tion of  such  amendments  as  may  be  recommended  by  the  Conven- 
tion, reported 

That  they  recommend  the  amendments  adopted  by  this  Conven- 
tion to  be  submitted  to  the  people  on  the  second  Monday  in  Novem- 
ber next,  and  that  the  polls  be  kept  open  for  three  successive  days 
at  the  several  election  places  in  each  and  every  county.  Thattlie 
Sheriffs  of  the  respective  counties,  (with  the  aid  of  inspectors  to  be 
appointed  by  the  Courts  of  the  counties  immediately  preceding  the 
election,")  be  required  to  compare  and  certify  the  results  of  the  elec- 
tion, on  the  Thursday  or  Friday  immediately  succeeding,  and  trans- 
mit the  same  to  the  Governor  of  the  State  within  ten  days  thereaf- 
ter. That  it  shall  be  the  duty  of  the  Governor  to  examine  and 
make  proclamation  of  the  result,  to  the  people,  and  if  it  shall  appear 
that  a  majority  of  the  whole  number  of  votes  given  in  are  in  favor 
of  the  ratification  of  the  Amendments,  that  the  same  shall  be  in- 
corporated in,  and  become  a  part  of  the  Constitution  of  the  State, 

The  Report  was  read  the  first  time ;  and  on  motion  of  Mr. 
Branch,  ordered  to  be  printed. 

Mr.  Collins,  from  the  Committee  to  whom  was  referred  the  Gth 
Resolution,  directing  that  the  individual  capitation  tax  shall  be 
equal  throughout  the  State;  with  instructions  to  draw  up  an  Ar- 
ticle to  he  incorporated  in  the  amended  Constitution;  reported  the 
following  Article: 

Sec.  1.  Capitation  tax  shall  be  equal  throughout  the  State,  up- 
on all  individuals  subject  to  the  same. 

Sec  2.  All  free  Males,  over  the  age  of  twenty-one  years,  and  un- 
der that  of  forty-five,  and  all  slaves  over  the  .age  of  twelve  years, 


JOURNAL  OF  TH8  CONVENTION.  G5 

and  under  that  of  fifty,  shall  be  subject  to  capitation  tax,   and  no 
Other  persons  shall  be  subject  to  such  tax. 

This  Article  was  read  the  first  time,  and  on  motion  of  Mr.  Col- 
lins, ordered  to  be  printed. 

On  motion  of  Mr.  Outlaw, 

The  Convention  took  up  for  consideration  the  Resolution  submit- 
ted yesterday  by  Mr.  Bryan. 
On  motion  of  Mr.  Bower, 

Ordered,  That  the  Resolution  do  lie  on  the  table. 
On  motion  of  Mr.  Biggs, 

Ordered,  That  the  Committee  to  whom  was  referred  the  Resolution  di- 
recting them  to  draft  amendments  to  the  Constitution,  providing  for  bien- 
nial instead  of  annnal  meetings  of  the  General  Assembly,  and  for  the  bien- 
nial instead  of  triennial  election  of  Secretary  of  State,  be  also  instructed  to 
report  amendments  to  the  Constitution,  providing  for  the  biennial  instead 
of  annual  election  of  the  Treasurer  and  Comptroller  of  the  State  and  Coun- 
cillors of  State. 

On  motion  of  Mr.  Collins, 

The  Convention  resolved  itself  info  a  Committee  of  the  Whole, 
Mr.  Shober  in  the  Chair,  on  the  Report  of  the  Committee  of  twenty- 
six,  upon  the  subject  of  arranging  the  Senatorial  Districts  and  ap- 
portioning the  members  of  the  House  of  Commons  among  the  seve- 
ral counties  in  this  State.  After  some  time  spent  therein,  the  Pre- 
sident resumed  the  Chair,  and  Mr.  Shober  reported  that  the  Com- 
mittee had,  according  to  order,  had  the  said  Report  under  considera- 
tion, and  made  the  following  amendments  thereto:  1st.  To  give  to 
Burke,  instead  of  Yancy,  the  member  in  the  House  of  Commons,  on 
account  of  the  largest  fraction  ;  and  2d.  To  strike  out  Montgomery 
from  the  33d  District  and  attach  it  to  the  34th  District. 

The  Convention  proceeded  to  consider  the  amendments,  and  they 
were  severally  read  and  adopted. 

Mr.  Sawyer  moved  to  amend  the  Report  as  follows:  "That  the 
excess  of  federal  population  in  the  counties  of  Currituck,  Camden, 
Pasquotank,  Perquimons  and  Gates,  be  retained  in  said  counties, 
and  that  they  constitute  a  district  to  elect  one  member  in  the  Housei 
of  Commons." 

And,  on  the  question  of  agreeing  with  the  amendment,  it  was  de- 
termined in  the  negative.     Yeas  29 — Nays  74. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Jacocks. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Averitt,  Arrington,  Baxter,  Bailey,  Cooper,  Chalmers,  Calvert, 
Catling,  Gary,  Hussey,  Halsey,  Holmes,  Jones  (ff'ilkes,)  Jacocks,  Kelly, 
Macon,  McPherson,  Norcom,  Pipkin,  Ramsay  (Pasqtiotank,)  Roulhac, 
Sawyer,  Sugg,  Stallings,  Seawelk  Spruill,  Wilson  ^Edgecomb,)  Wilson 
(Perquimons,)  and  Wooten — 29  Yeas. 

Those  who  voted  in  the  negative  were 


B6  JOURNAL    OP  THE    CONVENTION. 

Messrs.  Bower,  Branch,  Brittain,  Biggs,  Birchett,  Brodnax,  Boddie* 
Crudup,  Cathey,  Cox,  Cansler,  Chambers,  Carson  (Rulherford,)Co\Yms, 
•Daniel,  Dockery,  ©obson,  Elliott,  Edwards,  Fisher,  Faison,  Franklin, 
Gaitlr&r,  Graves,  Gaston  {Craven,)  Gaston  (Hyde,)  Gilliam,  Guinn,  Grier, 
Gaines,  Gray,  Giles,  Gudger,  Hogan,  Hargrave,  Hodges,  Jones  (Wake,) 
Jervis,  Joiner,  Lea,  LeSueur,  McQueen,  Morris,  McMillan,  McDiarmid, 
Marchant,  Morehead,  Martin,  Marsteller,  Montgomery,  Moore,  Outlaw, 
Owen,  Parker,  Powell  (Robeson,)  Rubin, Ramsay  (Chatham,)  Swain,  Skin- 
ner, Spaight  (Craven,)  Shipp,  Sanders,  Sherard,  Smith  (Fancy,)  Shober, 
Toomer,  Williams  (Franklin,)  Williams  (Person,)  Williams  (Pitt,)  Welch, 
Whitfield,  Wellborn,  Wilder  andYoung — 74  Nays. 

Mr.  Kelly  submitted  life  following  amendment  to  the  Report; 
which  was  rejected: 

"That  the  excess  of  federal  population  in  the  counties  of  Moore, 
Cumberland  and  Montgomery  be  retained  in  the  counties,  and  that 
they  constitute  a  district  to  elect  a  member  in  the  House  of  Com- 
mons." 

On  the  question,  Will  the  Convention  concur  in  the  Report  as 
amended?  it  was  determined  in  the  affirmative. 
On  motion  of  Mr.  Giles, 

Ordered,  That  the  Report  be  referred  to  a  Committee,  with  instructions 
to  draft  and  report  an  Article  in  conformity  with  the  same. 

Messrs.  Collins,  Spaight,  of  Craven,  Speight,  of  Greene,  Crudup, 
and  Fisher  compose  the  committee. 
On  motion  of  Mr.  Spruill, 

The  Convention  took  up  for  consideration  the  following  Resolu- 
tion: 

Resolved,  That  during  the  remainder  of  the  session  of  this  Convention, 
there  shall  be  a  recess  each  day  from  1  o'clock,  P.  M.  to  3  o'clock,  P.  M. 

The  Resolution  was  amended  by  adding  the  words  "from  and  af- 
ter Saturday  next,"  and  adopted, 

Mr.  Collins  moved  that  when  the  Convention  adjourn  this  day, 
it  adjourn  to  meet  on  Monday  next. 

And  on  the  question  of  agreeing  to  the  motion,  it  was  determined  in  I 
the  negative — Yeas  55,  Nays  79. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Bower. 

Those  who  voted  in  the  affirmative  were 

Messr^.  Andres,  Biggs,  Bailey,  Bunting,  Calvert,  Collins, 'Gaston  (Cra- 
ven,) Gascon  (Hyde,)  Gilliam,  Hogan,  Hargrave,  Hussey,  Howard,  Holmes, 
Jacocks,  McQueen,  Meares,  Norcom,  Outlaw, Owen,  Pipkin,  Powell  (Robe- 
son,) Rayner,  Roulhac,  Sawyer,  Seawell,  Troy,  Toomer,  Wilson  (Edge- 
comb,)  Wilson  (Perquimons,)  Wooten,  Whitfield  and  Wilder — S3  Yeas. 

Thade  who  voted  in  the  negative  were 

Messrs.  Averitt,  Arrington,  Bower,  Bonner,  Baxter,  Branch,  Brittain, 
Birchett,  Brodnax,  Boddie,  Crudup,  Cathey,  Cox,  Cansler,  Cooper,  Chal- 
mers, Chambers,  Daniel,  Dockery,  Dobson, Elliot,  Edwards,  Fisher,  Faison, 
Franklin,  Gatling,  Gaither,  Graves,  Guinn,  Grier,   Gaines,    Gary,    Gray, 


JOURNAL  OF  THE  CONVENTION.  67 

Siles,  Gudgcr,  Hall,  Hodges,  Huggins,  Halsey,  Jervis,  Jones  (Wake,) 
rones  {Wilkes,)  Joiner,  Kelly,  Lea,  Lesueur,  Macon,  Morris,  McMillan, 
McPherson,  McDiarmid,  Marchant,Morehead,  Martin,  xMarsteller,  Mont- 
gomery, Moore,  Parker,  Ruffin,  Ramsay  (Chatham,): Ramsay  (Pasquotank,) 
•Skinner,  Spaightf  Craven, )  Sugg,  Stallings,  Shipp,  Sanders,  Sherard,  Smith 
'Yancy,)  Shober,  Spruill,  Tayloe,  White,  Williams  (Franklin,)  Williams 
'Person,)  Williams  (Pitt,)  Welch,  Wellborn  and  Young— 79  Nays. 
On  motion,  the  Convention  adjourned. 


SATURDAY,  JULY  4,   1835. 

The  Convention  met  pursuant  to  adjournment  Prayer  by  the 
Rev.  Mr.  Gloss.. 

Mr.  Mearcs,  from  the  Committee  to  whom  was  referred  the  18th 
Resolution,  reported  the  following  Articles  : 

Art.  1.  All  laws  relating  to  the  administration  of  justice,  shall  be 
uniform  throughout  the  State. 

Art.  2.  The  General  Assembly  s&all  have  power  to  pass  general 
laws,  regulating  divorce  and  alimony  ;  but  shall  not  have  power  to 
grant  a  divorce  or  secure  alimony  in  any  individual  case. 

Art.  3.  The  General  Assembly  shall  not  have  power  to  pass  any 
private  law,  to  alter  the  name  of  any  person,  or  to  legitimate  any 
bastard,  or  to  restoro  to  the  rights  of  Citizenship  any  person  con- 
victed of  an  infamous  crime. 

Art.  4.  Whenever  a  Bill  of  a  private  nature  shall  be  introduced 
into  either  House  of  the  General  Assembly,  it  shall  not  be  passed  up- 
on, until  a  tax  of  $10  has  been  paid  by  the  person  introducing  the 
same  to  the  Clerk  of  the  House,  to  be  by  him  accounted  for,  and  paid 
over  to  the  Treasurer  of  the  State. 

These  Articles  were  read  the  first  time,  and,  on  motion  of  Mr. 
Meares,  ordered  to  be  printed. 

Mr.  Carson,  of  Burke,  from  the  Committee  to  whom  the  subject 
was  referred  with  instructions,  reported  the  following  Article  : 

That  no  person  who  shall  deny  the  being  of  God,  or  the  truth  of 
the  Christian  Religion,  or  the  divine  authority  of  the  Old  or  New 
Testament,  or  who  shall  hold  Religious  principles  incompatible  with 
the  freedom  or  safety  of  the  State,  shall  be  capable  of  holding  any 
office  or  place  of  trust  or  profit  in  the  Civil  department  within  this 
State. 

On  motion  of  Mr.  Gaston,  of  Craven, 

Ordered,  That  Mr.  Cox  have  leave  of  absence  from  the  service  of  the 
Convention,  from  and  after  Monday  next,  for  the  remainder  of  the  session. 


68  JOURNAL  OF  THE  CONVENTION. 

Mr.  Collins  moved  that  the  Convention  adjourn.  The  question 
■was  determined  in  the  negative — Yeas  29,  Nays  75. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Cooper. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Biggs,  Carson  (Burke,)  Collins,  Gaston  (Craven,)  Hogan,  Har- 
grave,  Hussey,  Hodges,  Howard,  Halsey,  Jacocks,  King,  McQueen,  M cares 
Norcom,  Outlaw,  Owen, Pipkin,  Powell  (/fo&cso>i,)Rayncr,  Roulhar-,  Swain 
Seawell,  Tayloe,  Toomer,  Wilson  (Edgecomb,)  Williams  (Pitt,)  Whit- 
field, and  Wilder,— 29  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Arrington,  Bower,  Bonner,  Baxter,  Bunting,  Bh'cheta 
Boddie,  Cathey,  Cox,  Cansler,  Cooper,  Chalmers,  Carson,  (Rutherford) 
Daniel,  Bobson,  Elliott,  Edwards,  Fisher,  Faison,  Franklin,  Catling,  Gai- 
ther.  Graves,  Guinn,  Grier,  Gaines,  Gary,  Gray,  Giles,  Gudger,  Hall, 
Hooker,  Huggins,  Holmes,  Jones  ((fake,)  Jones  (Wilkes.)  Jervis,  Joiner, 
Kelly,  Lea,  Lesueur,  Macon,  Morris,  McMillan,  Melchor,  McPherson, 
McDiarmid,  Marchant,  Morehead,  Martin,  Marsteller,  Moore,  Powell  (Co-] 
lumbus,)  Parker,  Ruffin,  Ramsay  (Chatham,)  Ramsay  (Pasquotank,)  Skin-i 
ner,  Spaight  (Craven,)  Sugg.  Stal/ings,  Shipp,  Sanders,  Sherard,  Smith, 
(Fancy,)  Shober,  White,  Williams  (Franklin,)  Williams  (Person,)  Welch, 
Wooten,  Wilson  (Perquimans.)  Wellborn,  and  Young — 75  Nays. 

On  motion  of  Mr.  Shober, 

Resolved,  that  a  select  Committee  be  appointed  to  enquire  and  report  the 
best  mode  of  circulating  the  proceedings  of  the  Convention  among  the.  peo-j 
pie  of  the  State. 

Messrs.  Daniel,  Swain,  Tayloe,  Wooten  and  Welch  compose  the 
Committee. 

Mr.  Collins  moved  that  the  Convention  adjourn.  The  question 
was  determined  in  the  negative — Yeas  S3,  Nays  74. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  members 
present  on  the  call  of  Mr.   Collins. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Brodnax,  Carson  {Burke,)  CoHins,F:sher,  Gaston  (Craven.)  Giles,( 
Hogan,  Hargrave,  Howard,  Halsey,  Jones  (Jl'ilkes,)  Jacocks,  King,  Mc-j 
Queen,  Meares,  Norcom,  Outlaw,  Owen,  Pipkin,  Powell  (Robeson,)  Ray- 
ner,  Roulhac,  Swain,  Seawell,  Shober,  Tayloe,  Toomer,  Wilson  (Edge- 
combi)  Wilson  (Ferquimons,)  Wooten,  Williams  (Pitt,)  Whitfield  and 
Wilder— S3  Yeas. 

ti        Those  who  voted    in  the  negative  were 

Messrs.  Averitt,  Arrington,  Bower,  Bonner,  Baxter,  Branch,  Brittain, 
Biggs,  Bunting,  Birthiztt,  Boddie,  Cathey,  Cox,  Cansler,  Cooper,  Chal- 
mers, Calvert,  Chambers,  Carson  (Rulhcrjord,)  Daniel,  Dobson,  Elliott* 
Edwards,  Faison,  Gatling,  partner,  Graves,  Gilliam,  Guinn,  Grier,  Gaines, 
Gary,  Gray,  Gudger,  Hall,  Hooker,  Huggins,  Holmes,  Jones  (Wake,)  JeH 
vis,  Joiner,  Kelly,  Lea,  Lesueur,  Macon,  Morris,  McMillan,  Melchor, 
McPherson,  McDiarmid,  Marchant,  Morehead,  Martin,  Marsteller,  Mont- 


JOURNAL    OF    THE    CONVENTION".  69 

£omery,  Moore,  Powell  {Columbus,)  Parker,  Ruffin,  Ramsay  ( Chatham,) 
Ramsay  (PaaifWiahk,)  Sty  von,  Skinner,  Spaight  {Craven,)  Sugg,  Stallings, 
Shipp,  Sanders,  Smith  (Fancy.)  White,  Williams  {Franklin,)  Williams 
(Person,)  Welch,  Wellborn  and  Young— 74  Nays. 

On  motion  of  Mr.  Branch,  the  Convention  took  up  for  its  second 
reading  the  Article  declaring  that  the  members  of  the  Legislating 
shall  vote  viva  voce  in  the  election  of  Oilicers. 

On  motion,  the  Convention  adjourned. 


MONDAY,  JULY  6,  18  35. 

The  Convention  met,  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  McPheeters. 

On  motion  of  Mr.  Williams,  of  Franklin, 

The  Convention  resolved  itself  into  a  Committee  of  the  Whole, 
Mr.  Swain  in  the  Chair,  upon  the  special  order  of  the  day,  being 
the  Report  of  the  select  Committee,  as  to  what  manner  amendments 
shall  in  future  be  made  to  the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  Chair,  and  Mr.  Swain  reported 
that  the  Committee  had,  according  to  order,  had  the  said  Report  un- 
der consideration,  and  made  the  following  amendment  thereto:— 
Strike  out  all  after  the  word  «<  That,"  and  insert  as  follows:  "No 
part  of  this  Constitution  shall  be  altered,  unless  a  bill  to  alter  the 
same  shall  have  been  read  three  times  in  each  House  of  the  General 
Assembly  and  agreed  to  by  three-fifths  of  the  whole  number  of  mem- 
bers of  each  House  respectively:  Nop  shall  any  alteration  take 
place  until  the  said  bill  so  agreed  to,  be  published  six  months  pre- 
vious to  a  new  election  of  members  to  the  General  Assembly;  and 
if  the  alteration  proposed  by  the  General  Assembly  shall  be  agreed 
to  in  the  first  session  thereafter,  by  two-thirds  of  the  whole  Repre- 
sentation in  each  House  of  the  General  Assembly,  after  the  same 
shall  have  been  read  three  times  on  three  several  days,  in  each 
House;  then  the  said  General  Assembly  shall  establish  rules  and 
regulations  whereby  said  amendments  may  be  submitted  to  the  con- 
sideration of  the  qualified  voters  for  the  House  of  Commons  through- 
out the  State:  And  if,  upon  comparing  the  votes  given  in  the  whole 
State,  it  shall  appear  that  a  majority  thereof  have  approved  said 
amendments,  then,  and  not  otherwise,  the  same  shall  become  a  part 
of  the  Constitution." 

On  motion  of  Mr.  Mearcs,  the  Convention  proceeded  to  consider 
the  Report. 

Mr  Hargravc  moved  to  amend  the  Report  by  striking  out  the 
words  "two  thirds,"  and  inserting  in  lieu  thereof,  "  three  JftHs." 


70  JOURNAL    OF    THE    CONTENTION. 

Mr.  Williams,  of  Franklin,  called  for  a  division  of  the  question  : 
And  on  the  question  of  striking  out,  it  was  decided  in  the  negative, 
Yeas  24,  Nays  99. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members, 
present,  on  the  call  of  Mr.  Hargrave. 

Those  who  voted  in  the  affirmative  were 

Messrs.   Bower,   Birchett,  Dockery,  Dobson,  Elliott,  Fisher,  Franklin,  , 
Gaither,  Grier,  Gaines,  Giles,  Hargrave,   Hutcheson,   Harrington,  Jervis, 
McQueen,  Morris,  McMillan,  Montgomery,  Moore,  Parker,  Shipp,  Shober,   • 
and  Wellborn — 24  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Averitt,  Arrington,  Bonner,  Baxter,  Branch,  Brit* 
tain,  Biggs,  Bailey,  Bunting,  Brodnax,  Boddie,  Cathey,  Cox,  Cansler,  ] 
Cooper,  Chalmers,  Calvert,  Chambers,  Carson  (Rutherford,)  Collins,  Da- 
niel, Edwards,  Ferebee,  Faison,  Gatling,  Graves,  Gaston  [Craven,)  Gaston 
(Hyde,)  Gilliam,  Guinn,  Gary,  Gray,  Gudger,  Hill,  Hall,  Hogan,  Hussey, 
Hooker,  Hodges,  Huggins,  Howard,  Halsey,  Holmes,  Jones  {Wake,)  Jones 
(Wilkes,)  Joiner,  Jacocks,  King,  Kelly,  Lea,  Lesueur,  Macon,  Melchor,  \ 
McPherson,  McDiarmid,  Marchant,  Morehead,  Martin,  Marsteller,  Meares, 
Norcom,  Outlaw,  Owen,  Powell  {Columbus)  Powell  {Robeson)  Pearsall,  Pip- 
kin, Ruffin,  Ray  tier,  Ramsay  {Pasquotank,)  Roulhac,  Swain,  Styron,  Saw- 
yer, Skinner,  Spaight  {Craven,)  Speight  [Greene,)  Sugg,  Stallings,  Sanders, 
Seawell,  Sherard,  Smith  {Yancy,)  Spruill,  Tayloe,  Troy,  TOomer,  White, 
i  Wilson  (Edgecomb,)  Wilson  (Perquimans,  Welch,  Wooten,  Whitfield,. 
Williams  (Franklin.)  Williams  (Person,)  Williams  {Pitt,)  Wilder  and 
You  ng — 99Nay  s. 

Mr.  Guinn  moved  to  amend  the  Report  by  striking  out  the  words 
u-  whole  number  ?f  members,"  and  inserting  in  lieu  thereof  tlve  words 
a  members  who  may  be  present." 

The  question  on  agreeing  to  the  amendment  moved  by  Mr.Guinn, 
was  determined  in  the  negative. 

Mr.  Harrington  moved  to  amend  the  Report  by  striking  all  out 
after  the  word  ''That,"  and  inserting  in  lieu  thereof  as  follows  : 

"  Amendments  to  this  Constitution  may  he  made,  in  future,  in  the 
following  manner  :  At  the  general  election  for  members  of  the  State 
Legislature  which  shall  take  place  in  the  year  and  every 

years  thereafter,  the  several  returning  officers  appointed  to  open  a 
poll  for  the  election  of  members  of  the  House  of  Commons,  shall 
make  a  return  to  the  Secretary  of  State  for  the  time  being,  of  the 
numbers  and  names  of  all  those  voting  for  members  of  the  House  of 
Commons  ;  and  whenever  the  citizens  of  this  State  shall  desire  to 
change  or  amend  the  Constitution  thereof,  they,  or  as  many  of  them 
as  may  be  in  favor  of  such  change  or  amendment,  shall  address  a 
Memorial  or  Memorials  to  the  General  Assembly  setting  forth  the 
nature  and  extent  of  such  change  or  amendment  as  they  propose. — 
And  if  it  shall  thus  appear,  that  the  number  of  those  in  favor  of  such 
proposed  amendments  shall  he  equal  to  a  majority  of  the  whole  num- 


JOURNAL   OF   THE    CONVENTION.  71 

ber  of  those  who  voted  at  the  last  general  election  at  which  returns 
were  made,  pursuant  to  the  foregoing  provision,  then  it  shall  be  the 
duty  of  the  General  Assembly  to  take  the  proposed  amendment  or 
amendments  into  their  consideration,  and  they  shall  approve  or  re- 
ject such  amendments,  or  any  part  thereof,  at  their  discretion,  a  ma- 
jority of  each  House  concurring  by  Yeas  and  Nays.  And  the  whole 
or  so  much  of  the  proposed  amendments  as  shall  be  approved, 
shall  be  put  by  the  General  Assembly  in  form,  suitable  to  be 
incorporated  into  the  Constitution,  and  in  this  form  shall  be 
published  in  all  the  newspapers  in  the  State,  at  least  three  months 
before  the  next  general  election  for  members  of  Assembly,  for  the 
consideration  of  all  the  citizens  of  this  State.  And  it  shall  be  the 
duty  of  the  returning  officers  of  the  several  counties  of  this  State,  at 
that  election,  to  open  a  poll  for,  and  make  a  return  to  the  Secretary 
of  State  for  the  time  being,  of  the  numbers  and  names  of  all  those 
voting  for  members  of  the  House  of  Commons  who  have  voted  on 
such  proposed  change,  or  amendments  of  the  Constitution — and  if 
thereupon,  it  shall  appear  that  a  majority  of  all  the  citizens  of  this 
State  voting  for  members  of  the  House  of  Commons  at  that  election, 
shall  have  voted  in  favor  of  such  proposed  amendments,  then  such 
amendment  or  amendments  shall  be  part  of  the  Constitution  of  this 
State." 

On  the  question  of  agreeing  to  the  amendment,  it  was  determined 
in  the  negative. 

The  question  recurring  on  the  amendment  reported  by  the  Com- 
mittee of  the  Whole,  it  was  adopted.     Yeas  106 — Nays  18. 

The  Yeas  and  Nays  were  required   by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Williams  of  Franklin, 
Those  who  voted  in  the  affirmative'  were 

Messrs.  Andres,  Averitt,  Arlington,  Bower,  Bonner,  Baxter,  Branch, 
Brittain,  Biggs,  Bailey,  Bunting,  Brodnax,  Boddie,  Cathey,  Cox,  Can- 
sler,  Cooper,  Chalmers,  Calvert,  Chambers,  Carson  {Rutherford,)  Collins, 
Daniel,  Dobson,  Elliott,  Edwards,  Ferebee,  Fisher,  Faison,  Franklin, 
Gatling,  Graves,  Gaston  (Craven,)  Gaston  (Hyde,)  Gilliam,  Gaines, 
Gary,  Gray,  Giles,  Gudger,  Hill,  Hall,  Hogan,  Hussey,  Hooker,  Hodges, 
Huggins,  Howard,  Halsey,  Holmes,  Jones  {.Wake,)  Jones  {Wilkes,) 
Joiner,  Jacocks,  King,  Kelly,  Lea,  Lesueur,  Macon, Melchor,  McPherson, 
McDiarmid,  Marchant,  Morehead,  Martin,  Marsteller,  Meares,  Norcom, 
Outlaw,  Owen,  Powell  (Columbus,)  Powell  (Robeson,)  Pearsall,  Pipkin, 
Ruffin,  Rayner,  Ramsay  (Pasquotank,)  Roulhac,  Swain,  Styron,  Sawyer, 
Skinner,  Spaight  {Craven,)  Speight  (Greene,)  Sugg,  Stallings,  Sanders,  Sea- 
well,  Smith  (lone?/,)  Spruill,  Sherard,Tayloe, Troy,  Toomer,  White, Wilson, 
{Edgecomb,)  Wilson  (Perquimons)  Williams  {PersonJ  Williams  {Frank- 
in,')  Williams  {Pitt,)  Welch,  Whitfield,  Wooten,  AVellborn,  Wilder  and 
Young — 106  Yeas. 

Those  who  voted  in  the  negative,  were 

Messrs.  Birchett,  Carson,  (Burke,)  Dockery,  Gaither,  Guinn,  Grier, 
Hargtave,  Hutcheson,  Harrington,  Jervis,  McQueen,  Morris,  McMillan, 
Montgomery,  Moore,  Parker,  Shipp,  Shober — Nays  18. 


72  JOURNAL    OF    THE    CONVENTION. 

Mr.  Collins,  from  the  Committee  to  whom  was  referred  the  Re- 
port of  the  Committee  of  26,  as  amended  by  the  Convention,  for  the 
purpose  of  framing  an  article  in  conformity  thereto,  reported  the 
following: 

That  until  the  first  session  of  the  General  Assembly,  after  the 
year  eighteen  hunderd  and  forty-one,  the  Senate  shall  be  composed 
of  Members  elected  from  Districts,  as  follows:  The  1st  district — 
Perquimons  and  Pasquotank;  2d  district — Camden  and  Currituck; 
3d  district — Gates  and  Chowan;  4th  district — Washington  and 
Tyrrell;  5th  district — Northampton;  6th  district — Hertford;  7th 
district — Bertie;  8th  district — Martin;  9th  district — Halifax;  10th 
district— Nash  ;  11th  district— Wake;  12th  district— Franklin  ; 
13th  disti'ict — Johnston  ;  14th  district — Warren;  15th  district — 
Edge-comb;  16th  district — Wayne;  17th  District — Greene  and  Le- 
noir; 18th  district — Pitt;  19th  district — Beaufort  and  Hyde;  20th 
district — Carteret  and  Jones;  21st  district — Craven;  22nd  district 
i — Chatham;  23d  district—  Granville  ;  24th  district — Person;  25th 
district — Cumberland;  26th  district1 — Sampson;  27th  district — 
New-Hanover;  28th  district— Duplin;  29th  district— Onslow;  30th 
district— Brunswick,  Bladen  and  Columbus;  31st  district — Robe- 
son and  Richmond  ;  32d  district — Anson  ;  33d  district — Cabarrus; 
54th  district — Moore  and  Montgomery  ;  35th  district — Caswell ; 
36th  district — Rockingham;  37th  district — Orange;  38th  district — 
Randolph;  39th  district — Guilford;  40th  district — Stokes;  41st 
district — Rowan:  42d  district — Davidson;  43d  district — Surry; 
44th  district — Wilkes  and  Ashe;  45th  district — Burke  and  Yancy; 
46th  district — Lincoln;  47th  district — Iredell;  48th  district — Ru- 
therford ;  49th  district — Buncombe,  Haywood  and  Macon  ;  50th  dis- 
trict— Mecklenburg.  Each  district  entitled  to  one  member  in  the 
Senate. 

That  until  the  first  session  of  the  General  Assembly  after  the  year 
eighteen  hundred  and  forty-one,  the  House  of  Commons  shall  be-- 
composed  of  members  elected  from  the  Counties  in  the  following 
manner,  vis: 

The  Counties  of  Lincoln  and  Orange  shall  elect  four  members 
each, 

.The  Comities  of  Burke,  Chatham,  Granville,  Guilford,  Halifax, 
Iredell,  Mecklenburg,  Rowan,  Rutherford,  Surry,  Stokes  and  Wake, 
shall  elect  three  members  each. 

The  Counties  of  Anson,  Beaufort,  Bertie,  Buncombe,  Cumber] 
land,  Craven,  Caswell,  Davidson,  Duplin,  Edgccomb,  Franklin,, 
Johnston,  Montgomery,  New-Hanover,  Northampton,  Person,  Pitt, 
Randolph,  Robeson,  Richmond,  Rockingham,  Sampson,  Warren,, 
Wayne  and  Wilkes  shall  elect  two  members  each. 

The  Counties  of  Ashe,  Bladen,  Brunswick,  Camden,  Columbus, 
Chowan,  Currituck,  Carteret,  Cabarrus,  Gates,  Greene,  Haywood, , 
Hertford,  Hyde,  Jones,  Lenoir,  Macon.  Moore,  Martin,  Nash,  Ons-j 
low,  Pasquotank,  Perquimons, Tyrrel,  Washington,  and  Yancy,  shall , 
elect  one  member  each. 


JOURNAL  OF  THE  CONVENTION.  73 

These  Articles  were  read  the  first  time,  and  on  motion  of  Mr. 
Collins,  ordered  to  be  printed. 

The  Article  requiring  Members  of  the  General  Assembly  to  vote 
viva  voce,  was  read  the  second  time  :  And  on  the  question  that  the 
said  Article  pass  to  its  third  reading,  it  was  determined  in  the  affir- 
mative—Yeas 82,  Nays  S3. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present  on  the  call  of  Mr.  Wilson,  of  Perquimons. 
Those  who  voted  in  the  affirmative,  were 

Messrs.  Averitt,  Arlington,  Bonner,  Baxter,  Branch,  Brittain,  Biggs, 
Bunting,  Birchett,  Brodnax,  Carson  (Burke,)  Cathey,  Cox,  Cansler,  Chal- 
ners,  Daniel,  Edwards,  Ferebee,  Faison,  Franklin,  Gatling,  Gaither, 
jilliam,  Guinn,  Grier,  Gary,  Hall,  Hogan,  Hargrave,  Hussey,  Hooker, 
Hodges,  Huggins,  Howard,  Hutcheson,  Harrington,  Holmes,  Jones  (Wake,) 
Fervis,  Jacocks,  Kelly,  Macon,  McQueen,  McMillan,  Melchor,  Mcpherson* 
McDiarmid.  Marchant,  Marsteller,  Moore,  Norcom,  Outlaw,  Owen,  Pow- 
ill  {Columbus,)  Powell  (Robeson,)  Pearsall,  Pipkin,  Ruffin,  Rayner, 
Roulhac,  Swain,  Styron,  Sawyer,  Skinner,  Spaight  (Craven,)  Speight 
'Greene,)  Sugg,  Stallings,  Sanders,  Seawell,  Sherard,  Smith  (Fancy,)  Tay- 
oe,  Wilson  (Edge-comb,)  Wilson  (Perquimons,)  Williams  (Franklin,) 
Williams  (Pitt,)  Welch,  Wooten,  Whitfield,  Wellborn  and  Wilder— 
32  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Bower,  Bailey,  Buddie,  Cooper,  Carson  (Rutherford,) 
Collins,  Dockery,  Dobson,  Elliott,  Fisher,  Graves,  Gaston  (Craven,) 
jaston  (Hyde,)  Gaines,  Gray,  Giles,  Oudger,  Hill,  Halsey,  Jones  (Wilkes) 
loiner,  King,  Lea,  Lesueur,  Morris,  Morehead,  Martin,  Meares,  Parker, 
Ramsay  (Pasquotank,)  Shipp,  Shober,  Troy,  Toomer,  White,  Williams 
'Person,)  and  Young — 38  Nays. 
On  motion  of  Mr.  Branch. 
Ordered,  That  the  said  Article  be  read  the  third  time  to-morrow. 

•/  The  Convention  took  up  for  its  second  reading  the  Article  abro- 
gating the  right  of  free  negroes  and  mulattoes  to  vote  for  members 
If  the  Legislature. 

Mr.  Fisher  moved  to  amend  the  Article  by  adding  thereto  as  fol- 
ows:  "Unless,  in  addition  to  the  qualifications  required  of  other 
oters,  such  free  negroes  or  mulattoes,  for  one  year  next  preceding 
my  election,  shall  have  owned  and  possessed  at  least  fifty  acres  of 
and  in  fee,  of  the  value  of  not  less  than  one  hundred  dollars,  unin- 
;umbered  by  mortgage  or  otherwise,  and  shall  never  have  been  coll- 
ected of  any  infamous  offence, 

Mr.  Dockery  moved  to  amend  the  amendment  by  striking  out  the 
vords  s*at  least  fifty  acres  of  land  in  fee"  and  inserting  in  lieu  there- 
>f  the  words  "real  estate"  ;  and  by  striking  out  "  one  hundred,"  and 
nserting  "  two  hundred  and  Jifty." 

Mr.  Giles  called  for  a  division  of  the  question  :  And  the  question 
>eing  on  striking  out,  it  was  decided  in  the  negative. 

The  question  recurring  on  Mr.  Fisher's  amendment,  it  was  deci- 
led  in  the.  negative — Yeas  59,  Nays  63. 
10 


74  JOURNAL  OF  THE  CONVENTION. 

The  Yeas  ami  Nays  were  required  by  one  fifth  of  the  members  pre^j 
sent,  on  the  call  of  Mr.  Speight,  of  Greene. 

Those  who  voted  in  the  affirmative  were, 

Messrs.  Andres,  Averitt,  Arrington,  Bovver,  Biggs,  Bunting,  Boddie,  Coxij 
Cansler,  Chalmers,  Carson  (Rutherford,)  Daniel,  Dobson,  Elliott,  Fisherj, 
Franklin,  Catling,  Gaston  (Craven*)  Gaston  {Hyde,)  Guinn,  Gaines,  Gary! 
Gray,  Giles,  Gudger,  Hill,  Hall,  Hussey  Holmes,  Jones  (Wake,)  Jorteai 
(Wilkes,)  Joiner,  King,  Kelly,  Morris,  McMillan,  McPherson,  Morehead,! 
Martin,  Marsteller,  Montgomery,  Moore,  Gvven,  Powell  (Columbus*)  Pow-ij 
ell  (Robeson*,)  Parker,  Rayner,  Swain,  Styron,  Stallings,  Shipp,  Seawelljj 
Sherard,  Smith  (Fancy,)  Shober,  Troy,  Toomer,  White  and  Wellborn, 
—59  Yeas.  j 

Those  Who  voted  in  the  negative  were 

Messrs.  Adams,  Bonner,  Baxter,  Branch,  Brittain,  Bailey,  Birchetti 
Brodnax,  Carson  (Burke,)  Carney,  Cooper,  Calvert,  Collins,  Dockeryyii 
Edwards,  Ferebee,  Faison,  Gaither,  Graves,  Gilliam,  Grier,  Hogan,  Har- 
grave,  Hooker,  Hodges,  Huggins,  Howard,  Hutcheson,  Harrington,  HalseyJ 
Jervis,  Jacocks,  Lea,  Lesueur,  Maco'n,  McQueen,  Melchor,  Marchantj 
Meares,  Norcom,  Outlaw,  Pipkin,  Ruffin,  Ramsay  (Pcisquotarik,)  RoulhacJ 
Sawyer,  Skinner,  Spaight  (Cr aven.)  Speight  (Greene.)  Sugg,  Sanders,  Spruillr 
Tayloo,  Wilson  (Edgecomb,)  Wilson  (Perquimons*)  Welch,  Wooten^ 
Williams  (Franklin,)  Williams  (Person,)  Williams  (Pitt,)  Whitfield,  WUf| 
der  and  Young — 63  Nays. 

Mr.  Gaston,  of  Craven,  moved  to  amend  the  Article  by  adding 
thereto  as  follows:  | 

"Unless,  in  addition  to  the  qualifications  required  of  other  voters] 
he  shall,  for  one  year  next  preceding  any  election,  have  owned  and 
possessed  property,  real  or  personal  or  both,  of  the  clear  value  of  fiv^ 
hundred  dollars  over  and  above  all  incumbrances,  charges  and  debts! 
Nor  shall  any  free  negroe,  mulatto,  or  person  of  mixed  blood,  as 
aforesaid,  be  permitted  to  vote  at  any  election,  who  shall  have  beerj 
convicted  of  an  infamous  offence." 

Mr.  Branch  moved  to  amend  the  amendment  by  striking  out  th< 
words  "or  personal  or  both:"  And  the  question  being  had  thereof 
it  was  determined  in  the  negative. 

The  question  recurring  on  the  amendment  submitted  by  Mr.  Gasi 
ton,  it  was  determined  in  the  negative — Yeas  55,  Nays  64. 

The  Yeas  and  Nays  were  required  by  one-fifth  of  the  memberj 
present  on  the  call  of  Mr.  Gaston,  of  Craven. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Andres,  Averitt,  Arrington,  Bower,  Bunting,  Boddie,  Coal 
Cansler,  Chalmers,  Daniel,  Dockery,  Dobson,  Elliott,  Fisher,  Franklirili; 
Gaston  (Craven,)  Gaston  {Hyde,)  Guinn,  Gaines,  Gray,  Giies,  Gudger,  Hill  | 
Hall,  Hussey,  Holmes,  .Jones  (Wake,)  Jones  (Wilkes,)  Joiner,  King,  Kelly, 
Morris,  McMillan,  McPherson,  Morehcad,  Martin,  Marsteller,  Moorej 
Owen,  Parker,  Powell  (Robeson,)  Swain,  Styron,  Shipp,  Seawell,  Skerard; 
Smith  (Fancy,)  Shober,  Tayloe,  Troy,  Toomer,  White,  Welch,  Whit 
field  and  Wellborn — 55  Yeas. 


JOURNAL  OF  THE  CONVENTION.  75 

Those  who  voted  in  the  negative  were 
Messrs.  Bonner,  Baxter,  Branch,  Brittain,  Biggs,  Bailey,  Bircliett,  Brod- 
ax,  Car aon  (Burke,)  Carson  (Rutherford,)  Cathcy,  Cooper,  Calvert,  Coi- 
ns, Edwards,  Ferebee,  Faison,  Gatling,  Gaithcr,  Graves,  Gilliam,  Grier, 
iary,  Hogan,  Hargrave,  Hooker,  Hodges,  Huggins,  Howard,  Hutcheson, 
larrington,  Ilalsey,  Jervis,  Jacocks,  Lea,  Lesueur,  Macon,  McQueen, 
lelchor,  Marchant,  Meares,  Norcom,  Outlaw,  Poweil  (Columbus,)  Pipkin, 
Luffin,  Rayner,  Ramsay  (Pasquotank,)  Roulhac,  Sawyer,  Skinner,  Spaight 
Craven,)  Speight  (Greene,)  Sugg,  Stallings,  Sanders,  Wilson  {Edgecomb,) 
Vilson  (Fcrqiiimons,)  Wooten,  Williams  (Franklin,)  Williams  (Person,) 
Villiams  (Pitt,)  Wilder  and  Young — 64  Nays. 

The  Article  was  read  a  second  time;  and  on  the  question  that  it 
ass  to  a  third  reading,  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Moreliead, 

Ordered,  That  Mr.  Smith,  of  Orange,  have  leave  of  absence  from  and  af- 
er  Wednesday  last,  for  the  remainder  of  the  session. 

On  motion,  the  Convention  adjourned.. 


TUESDAY,  JULY  7,  1335. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
ev.  Mr.  Jamieson,  of  the  Methodist  Episcopal  Church. 

On  motion  of  Mr.  Troy, 
Ordered,  That  Mr.  Powell,  of  Columbus,   have  leave  of  absence  from 
nd  after  to-day,  for  the  remainder  of  the  session. 
On  motion  of  Mr.  Speight,  of  Greene* 

Ordered,  That  Mr.  Styron  have  leave  of  absence  from  and'  after  to-day, 
ft  the  remainder  of  the  session. 

Mr.  Pipkin,  from  the  Committee  to  whom  Was  referred  the  12th 
Resolution,  relating  to  the  election  of  Governor  of  the  State  by  the 
ualificd  voters  for  Members  of  the  House  of  Commons,  and  pre- 
cribing  the  term  for  which  he  may  be  elected,  and  the  number  of 
erms  during  which  he  shall  be  eligible,  reported  the  following 
Article: 

That  the  Governor  shall  he  chosen  by  the  qualified  voters  for  the 
icmbers  of  the  House  of  Commons,  at  such  time  and  places  as  mem- 
ers  of  the  General  Assembly  are  elected  ;  lie  shall  hold  his  Office 
jr  a  term  of  two  years  from  the  time  of  his  installation,  and  until 
nother  shall  be  elected  and  qualified  ;  but  lie  shall  not  be  eligible 
no  re  than  four  years,  in  any  term  of  six  years. 

The  Article  was  read  the  first  time,  and  on  motion  of  Mr.  Pip- 
in,  ordered  to  be  printed. 

Mr.  Pipkin,  from  the  Committee  to  whom  was  referred  the  1 1th 


76  JOURNAL    OF    THE    CONVENTION. 

Resolution,  with  instructions  to  prepare  an   Article  providing  for  j 
biennial  meetings  of  the  General   Assembly,   and  for  the  biennial 
election  of  Secretary  of  State,  Treasurer,  Comptroller  and  Council 
of  State,  reported  the  following  Article: 

That  the  General  Assembly  shall  meet  biennially,  and  at  each 
biennial  session,  shall  elect  by  joint  vote  of  the  two  Houses,  a  Se- 
cretary of  State,  a  Treasurer,  Comptroller,  and  a  Council  of  State, 
for  a  term  of  two  years. 

The  Article  passed  to  its  second  reading,  and  on  motion  of  Mr. 
Pipkin,  ordered  to  be  printed.      . 

Mr.  Giles  submitted  the  following  Resolution: 

Resolved,  That  three  thousand  copies  of  the  Report  of  the  Committee  who 
was  instructed  to  arrange  the  Senatorial  Districts  and  apportion  the  mem- 
bers of  the  House  of  Commons  among  the  several  counties,  be  printed  for 
the  use  of  the  delegates  of  this  Convention  ;  and  that  the  Article  on  the 
Senate  and  House  of  Commons  adopted  by  the  Convention,  be  appended 
thereto. 

Mr.  Daniel,  from  the  Committee  who  were  instructed  to  submit 
the  best  mode  of  circulating  the  proceedings  of  the  Convention  among 
the  people  of  the  State,  reported: 

That  two  hundred  and  seventy  copies  of  the  Journal  of  the  Con- 
vention should  be  printed,  to  be  distributed  as  follows,  viz:  One  co- 
py to  the  Executive  Department  of  the  United  States,  and  of  the 
several  States;  one  copy  to  be  deposited  in  the  Office  of  the  Clerk 
of  the  County  Court  of  each  county  in  this  State  ;  one  copy  to  eacb 
member  of  this  Convention,  and  fifty  copies  to  be  deposited  in  the 
Public  Library,  the  Library  of  the  University,  and  the  Offices  of 
Heads  of  Department,  in  such  proportions  as  may  be-  directed  by 
the  Governor  of  this  State. 

That  one  hundred  and  twenty-five  copies  of  the  Constitution,  and 
the  amendments  adopted  by  the  Convention,  should  be  printed  and 
distributed  under  the  directions  of  the  Governor,  for  each  county 
entitled  to  one  member  in  the  House  of  Commons,  and  in  like  pro- 
portion for  counties  entitled  to  a  greater  number  of  Representatives, 
and  one  hundred  and  twenty-five  copies  for  each  Senatorial  District, 
making  the  agregate  number  of  twenty-one  thousand  two  hundred 
and  fifty. 

The  Report  was  read,  and  on  motion  of  Mr.  Daniel,  ordered  to 
be  printed. 

On  motion  of  Mr.  Gaston,  of  Craven,  the  Convention  proceeded 
to  consider  the  following  Resolution: 

_  Resolved,  That  it  is  expedient,  in  framing  amendments  to  the  Constitu- 
tion, on  the  subject  of  representation  in  the  House  of  Commons,  to  provide 
that  in  making  every  apportionment,  the  Legislature  shall  divide,  or  cause 
to  be  divided,  those  counties  to  which  more  than  two  Representatives  shall 
be  assigned,  into  election  districts,  consisting  severally  of  contiguous  terri- 
tory, and  of  equal  federal  numbers,  as  nearly  as  convenience  will  permit, 
each  of  which  districts  shall  elect  one  Representative  only. 

Mr.  Branch  moved  to  amend  the  Resolution  by  striking  cut  "toco" 
and  inserting  in  lieu  thereof  "o?ie." 


JOURNAL  OF  THE  CONVENTION.  77 

On  motion  of  Mr.  Speight,  of  Greene, 

Ordered,  That  the  Resolution  lie  on  the  table. 

On  this  motion,  the  Yeas  and  Nays  we're  required  by  one  fifth 
of  the  members  present,  on  the  call  of  Mr.  Gaston,  of  Craven,  and 
were,  Yeas  77,  Nays  4 1 . 

Those  who  voted  in  the  affirmative  were 
Messrs.  Andres,  Bovver,  Bonner,  Branch,  Brittain,  Biggs,  Bunting,  Bir- 
chett,  Brodnax,  Boddie,  Cathey.  Cox,Cansler,Cooper,Chalmers,Chambers, 
Carson  {Rutherford,)  Collins,  Daniel,  Dockery,  Dobson,  Elliott,  Fisher, 
Faison,  Franklin,  Gaither,  Graves,  Gilliam,  Guinn,  Grier,  Gaines,  Gray, 
Giles,  Gudger,  Hogan,  Hargrave,  Hussey,  Hooker,  Hutcheson,  Holmes. 
Jones  {Wake,)  Jones  (IVUkes,)  Jervis,  Joiner,  King,  Lea,  Lesueur,  Mc- 
Queen, McMillan,  Melchor,  Morehead,  Martin,  Marsteller,  Montgomery, 
JVleares,  Moore,  Parker,  Powell  (Robeson, )  Ruffin,  Rayner,  Spaight  (Cra- 
ven,) Speight  (Greene,)  Shipp,  Sherard,  Smith  (Fancy,)  Shober,  Tayloe, 
Troy,  Toomer,  White,  Wilson,  (Edgecomb,)  Williams  (Franklin,)  Wil- 
liams (Person,  J  Welch,  Whitfield,  Wellborn,  and  Young — 77  Yeas. 

Those  who  voted  in  the  negative,  were 

Messrs.  Averitt,  Arrington,  Adams,  Baxter,  Bailey,  Calvert,  Ferebee, 
Gatling,  Gaston  (Craven,)  Gaston  (Hyde,)  Gary,  Hill,  Hall,  Hodges,  Hug- 
gins,  Howard,  Halsey,  Jacocks,  Kelly,  Macon,  Morris,  McPherson,  Mar- 
chant,  Norcom,  Outlaw,  Owen,  Pipkin,  Ramsay  (Pasquotank,)  Roulhac, 
Swain,  Styron,  Sawyet\  Skinner,  Sugg,  Stallings,  Sanders,  Seawell,  Spruill, 
Wooten,  Wilson  (Perquimons)  and  Wilder  — Nays  41. 

The  Convention  proceeded  to  consider  the  Article  relating  to  the 
impeachment  of  Judges  and  other  Officers  of  the  State. 

Mr.  Branch  moved  to  amend  the  Article  by  striking  out  the  words 
"  and  upon  the  trial  of  an  impeachment  the  Chief-Justice  of  this 
State  shall  preside,  unless  the  Chief-Justice  be  impeached,  or  from 
inability  or  other  sufficient  cause,  to  he  adjudged  of  by  the  Senate, 
he  shall  be  excused  by  the  Senate  from  presiding,  then  the  Senate 
may  appoint  some  other  person  to  preside." 

And  the  question  being  had  thereon,  it  was  determined  in  the  affir- 
mative. 

Mr.  Spaight  of  Craven,  moved  further  to  amend  the  Article  by 
striking  out  the  words  "Judges  of  the  Superior  Courts,"  and  in- 
serting in  lieu  thereof,  the  words  "  all  Judges  of  such  inferior  courts 
as  are,  or  may  be  hereafter  established." 

And  the  question  being  taken  thereon,  it  was  determined  in  the 
negative. 

The  said  Article  was  read  the  second  time,  and  on  the  question 
that  the  same  pass  to  its  third  reading,  it  was  determined  in  the  af- 
firmative. 

On  motion  of  Mr.  Gaston  of  Hyde, 

Ordered,  That  Mr.  Spruill,  Mr.  Sugg  and  Mr.  Hodges  have  leave  of 
absence  from  and  after  to-morrow,  for  the  remainder  of  the  session. 

On  motion  of  Mr.  Giles, 


78  JOURNAL    OF    THE    CONVENTION. 

Ordered,  That  Mr.  Cruel  up  have  leave  of  absence,  from  and  after  Satur- 
day last,  for  the  remaineler  of  the  Session: 

The  Convention  took  up"  for  its  second  reading  the  Article  relat- 
ing to  the  office  of  Attorney-General. 

On  moticn  of  Mr.  Spaight  of  Craven,  the  Article  was  amended  by 
striking  out  the  first  section,. 

Mr.  Williams  of  Franklin,  moved  to  fill  the  blank  with  "eight," 
which  was  determined  in  the  negative. 

And  on  motion  of  Mr.  Giles,  the  blank  was  filled  with  *[/b?/r." 

On  motion  of  Mr.  Spaight  of  Craven,  the  Article  was  amended  by 
striking  out  the  words  "  by  joint  ballot  of  both  Houses." 

Mr.  McQueen  moved  to  amend  the  Article,  by  adding  thereto  the 
following:  "  After  a  vacancy  shall  occur  in  that  office,  and  every 
four  years  thereafter." 

And  the  question  being  put  thereon,  it  was  decided  in  the  nega- 
tive. 

On  motion  of  Mr.  Mcares,  the  Article  was  further  amended  by 
adding  the  following  words,  "  unless  the  General  Assembly  shall 
hereafter  alter  the  term  during  which  the  Solicitors  of  the  State, 
shall  hold  their  office,  in  which  case  they  shall  have  power  to  ex- 
tend the  term  during  which  the  Attorney-General  shall  hold  his  of- 
fice, to  the  same  period." 

The  Article  was  read  the  second  time,  and  on  the  question  that 
the  same  pass  to  its  third  reading*,  it  was  determined  in,  the  affir- 
mative. 

The  Convention  took  up  for  its  second  reading  the  Article  relat- 
ing to.  vacancies  occurring  in  the  General  Assembly  before  the  meet- 
ing thereof. 

On  motion  of  Mr..  Branch,  the  Article  was  amended  by  inserting 
after  the  word  '  occur,'  the  following  words,  "  in  either  branch  of 
the  Legislature." 

On  motion  of  Mr.  Scawell,  the  Article  was  further  amended  by 
inserting  the  words  '  of  election'  after  the  word  'writs,'  and  striking 
out  the  words  *  by  the  Governor.' 

The  Article  was  read  the  second  time,  and  on  the  question  that 
the  same  pass  to  its  third  reading,  it  was  determined  in  the  affir- 
mative. 

The  Convention  took  up  for  its  second  reading,  the  Article  relat- 
ing to  the  removal  of  Judges  from  Office,  and  declaring  that  the 
salaries  of  Judges  shall  not  be  diminished  during  their  continuance 
in  office. 

Mr.  Meares  moved  to  amend  the  1st  section  of  the  Article,  by 
adding  thereto  the  following  words   'And  before   the  vote  shall  be    j 
taken  on  any  such  Resolution,  the  members  of  the  Senate  and  House 
of  Commons  shall  take  an  oath  or  affirmation,  truly  and  impartially 
to  determine  the  charge  in  question,  according  to  the  evidence. 

On  the  question  of  agreeing  to  tiie  amendment,  it  was  determined 
in  the  negative. 


JOURNAL  OF  THE  CONVENTION.  79 

Mr.  Sawyer  moved  to  amend  the  same  section,  by  striking  out 
the  word  "  twenty,"  and  inserting  "  ten.'" 

On  the  question  of  agreeing  to  the  amendment,  it  was  determined 
in  the  negative. 

Mr.  Bower  moved  to  strike  out  the  second  section  Which  declares 
that  the  salaries  of  the  Judges  shall  hot  be  diminished  during  their 
continuance  in  office. 

And  the  question  being  taken  thereon,  it  was  decided  in  the  nega- 
tive.    Yeas  40 — Nays  76. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Bower. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Arrington,  Bower,  Baxter,  Brittain,  Birchett,  Boddie,  Cathey, 
Cansler,  Cooper,  Chambers,  Dobson,  Ferebee,  Fisher,  Graves,  Guinn, 
Grier,  Hall,  Hargrave,  Hussey,  Hutcheson,  Jones  [Wake)  Jervis,  Lea, 
Macon,  McQueen,  Morris,  Melchor,  McPherson,  Montgomery,  Moore,Par- 
ker,  Shipp,  Smith  {Fancy,)  Shober,  Wilson  (Edgecomb,)  Williams  (Frank- 
lin,) Welch,  Whitfield,  Wellborn  and  Wilder— 40  Yeas. 

Those  who  voted  in  the  negative  were 

3Iessrs.  Andres,  Averitt,  Bonner,  Branch,  Biggs,  Bailey,  Buntihg» 
Brodnax,  Carson  (Burke,)  Carson  (Rutherford,)  Cox,  Chalmers,  Collins* 
Dockery,  Elliott,  Faison,  Franklin,  Gatling,  Gaither,  Gaston  (Craven,) 
Gaston  (Hyde,)  Gilliam,  Gaines,  Gary,  Gray,  Giles,  Gudger,  Hill,Hogan» 
Hooker,  Hodges,  Huggins,  Howard,  Halsey,  Holmes,  Jones(  Wilkes,)  Join- 
er, Jacocks,  King,  Kelly,  Lesueur,  McMillan,  McDiarmid,  Marchant* 
Morehead,  Martin,  Marsteller,  Meares,Norcom,  Outlaw,  Owen,  Pipkin, 
Powell  (Robeson)  Ruffin,  Rayner,  Ramsay  (Pasqicotank,)  Roulhac,  Swain, 
Styron,  Sawyer,  Skinner,  Spaight  (Craven,)  Speight  (Greene,)  Stallings, 
Sanders,  Seawell,  Sherard,  Tayloe,  Troy,  Toomer,  White,  Wooten,  Wil- 
son (Perquimons,  Williams  (Person,)  Williams  (Pitt,)  and  Young — 76 
Nays. 

The  Article  was  read  the  second  time,  and  on  the  question  that 
the  same  pass  to  its  third  reading,  it  was  decided  in  the  affirmative. 

The  Convention  took  up  for  its  second  reading,  the  Article  relat- 
ing to  the  removal  of  Justices  of  the  Peace  from  Office. 

On  motion  of  Mr.  Morehead,  the  Article  was  amended  by  striking 
out  the  words  '  before  the  Superior  Court  held  in  the  County  in 
which  he  resides,"  and  inserting  after  "  shall  be,'*  the  word 
"  thereby." 

The  Article  was  read  the  second  time,  and  on  the  question  that 
the  same  pass  to  its  third  reading,  it  was  determined  in  the  affirma- 
tive. 

And  on  motion,  the  Convention  adjourned. 


SO  Journal  of  ths  coNVEtftioff, 


WEDNESDAY,  JULY  8,   1835. 

The.  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  McPheeters. 

Mr.  King  introduced  the  following  Resolution,  which  lies  on  the    i 
table: 

Resolved,  That  the  Secretary  make  up  the  estimates  of  the  members  of 
this  Convention  from  arid  alter  Friday  next. 

The  Article  relating  to  the  office  of  Attorney  General  was  taken 
tip  for  consideration. 

On  motion  of  Mr.  Seawell,  the  Article  was  amended  by  inserting   ' 
after  the  word  "appoint"  the  following:  "at  its  first  session   after 
the  year  1839,  and  thereafter." 

On  this  question,  the  Yeas  and  Nays  were  required  by  one  fifth 
of  the  members  present,  on  the  call  of  Mr.  Hargrave,  and  were 
Yeas  78,  Nays  35. 

Those  who  voted  in  the  affirmative  were1 

Messrs.  Andres,  Averitt,  Adams,  Bower,  Brittain,  Cathey,  CoX,  Cans- 
ler,  Chambers,  Carson  (Rutherford,)  Collins,  Dockery,  Dobson,  Elliot,  Fe- 
rebee,  Fisher,  Faison,  Franklin,  Gastpti  (LTyde,)  Guinn,  Grier,  Gaines,  Ga- 
ry, Gray,  Giles,  Gudger,  Hill.  Hall,  Hogan,  Hargrave,  Hussey,  Hooker. 
Hodges,  Huggins,  Howard,  Holmes,  Jervis,  Jones  {Wilkes,)  Joiner,  Ja- 
cocks,  King,  Lea,  Lesueur,  Macon,  Morris,  McMillan,  Alelchor,  Mcpher- 
son, McDiarmid,  Morehead,  Martin,  Montgomery,  Moore,  Norcom,  Out- 
law, Owen,  Pearsall,  Parker,  Powell  (Robeson,)  Rayner,  Ramsay  (Pasquo- 
tank,) Roulhac,  Swain,  Sawyer,  Shipp,  Seawell,  Sherard,  Smith  (Yancy,) 
Shober,  Spruill,  Tayloe,  White,  Welch,  Wilson  (Perquimotis,)  Williams 
(Pitt,)  Whitfield,  Wellborn  and  Young — 78  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Bonner,  Baxter,  Branch,  Biggs,  Bailey,  Banting,  Birchett,  Brod- 
nax,  Cooper,  Calvert,  Daniel,  Gatling,  Gaither,  Graves,  Gaston  (Craven,) 
Gilliam,  Hutcheson,  Kalsey,  Jones  (Wake,)  Kelly  McQueen,  Marcha-nt, 
Marsteller,  Meares,  Pipkin,  Ruffin,  Skinner,  Spaight  (Craven,)  Speight 
(Greene,)  Stallings,  Troy,  Toomer,  Wilson  (Edgecomb,)  Wooten  and  Wil- 
der— 35  Nays.     ~  '  .  - 

Mr.  Seawell  moved  further  to  amend  the  Article  by  adding  the 
following  proviso: 

Provided  ahvays,  That  in  ease  of  vacanc}r,  the  Legislature  at  its  next 
Session  thereafter,  shall  appoint  an  Attorney  General. 

On  the  question  of  agreeing  to  the  amendment,  it  was  determined 
in  the  negative. 

And  on  the  question  that  the  Article  pass  its  third  reading,  and 
be  referred  to  the  Committee  of  seven,  it  was  determined  in  the  af- 
firmative.    Yeas  87 — Nays  24. 

The  Yeas  and  Nays  Mere  required  by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Swain. 


JOURNAL    OF  THE    CONVENTION.  81 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Averitt,  Arrington,  Adams,  Bovver,  Bonner,  Brittain, 
Biggs,  Boddie,Cathey,Cox,Cansler,Cooper,Carson  (Rutherford,)  Dockery, 
Dobson,  Elliott,  Ferebee,  Fisher,  Faison,  Franklin,  Gatling,  Gaither, 
Graves,  Gilliam,  Gaston  {Hyde,)  Guinn,  Grier,  Gaines,  Gary,  Gray,  Giles, 
Gudger,  Hill,  Hall,  Hogan,  Hargrave,  Hussey,  Hooker,  Huggins,  Howard, 
Holmes,  Jones  (fVake,)  Jones  (Wilkes,)  Jervis,  Joiner,  Jacocks,  King,  Lea, 
Lesueur,  Macon,  Morris,  McMillan,  Melchor,  McPherson,  McDiarmid, 
Marchant,  Morehead,  Martin,  Montgomery,  Moore,  Norcom,  Outlaw, 
Owen,  Pearsall,  Parker,  Powell  [Robeson,)  Ruffin,  Rayner,  Ramsay  (Pas- 
quotank,) Roulhac,  Sawyer,  Stallings,  Shipp,  Seawell,  Smith  (Fancy,) 
Shober,  Tayloe,Troy,  White, Williams  (Franklin,)  Williams  (Pitt,)  Welch, 
Wilson  (Perquimons,)  Whitfield,  Wellborn  and  Young — 87  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Baxter,  Branch,  Bailey,  Bunting,  Birchett,  Calvert,  Daniel, 
Gaston  (Craven,)  Hutcheson,  Halsey,  Kelly,  McQueen,  Marsteller,Meares, 
Pipkin,  Swain,  Skinner,  Spaight  (Craven,)  Speight  (Greene,)  Sherard, 
Toomer,  Wilson  (Edgecomb,)  Wooten  and  Wilder — 24  Nays. 

The  Article  relating  to  future  amendments  to  the  Constitution 
was  taken  up  for  consideration. 

Mr.  Meares  moved  to  amend  the  Article  by  adding  thereto  the 
following: 

"No  Convention  shall  he  called  by  the  General  Assembly  except 
by  the  concurrence  of  two  thirds  of  all  the  members  of  each  House 
of  the  General  Assembly." 

Mr.  Hogan  moved  to  amend  the  amendment  by  striking  out  the 
words  "  two-thirds,"  and  inserting  in  lieu  thereof  "  three-jifths''-^ 
And  the  question  being  had  thereon,  it  was  determined  in  the  ne- 
gative. 

The  questien  recurring  on  the  amendment,  it  was  decided  in  the 
affirmative — Yeas  90,  Nays  29. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Bower. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Andres,  Averitt,  Arrington,  Adams,  Bonner,  Baxter,  Branch, 
Brittain,  Biggs,  Bailey,  Bunting,  Brodnax,  Boddie,  Cathey,  Cox,  Cansler, 
Cooper,  Calvert,  Chambers,  Collins,  Daniel,  Dockery,  Dobson,  Elliott, 
Edwards,  Ferebee,  Fisher,  Faison,  Gatling,  Graves,  Gilliam,  Gaston  (Cra- 
ven,) Gaston  (Hyde,)  Gary,  Gray,  Gudger,  Hill,  Hall,  Hussey,  Hooker, 
Hodges,  Huggins,  Howard,  Halsey,  Holmes,  Jones  (Wake)  Jones  (Wilkes,) 
Joiner,  Jacocks,  King,  Kelly,  Lesueur,  Macon,  McPherson,  Marchant, 
Marsteller,  Meares,  Norcom,  Outlaw,  Owen,  Pearsall,  Pipkin,  Powell  (Ro- 
beson) Ruffin,  Rayner,  Ramsay  (Pasquotank,)  Roulhac,  Swain,  Sawyer, 
Skinner,  Spaight  [Craven,)  Speight  (Greene,)  Stallings,  Seawell,  Sherard, 
Smith  (Fancy,)  Spruill,  Tayloe,  Troy,  Toomer,  Wilson  (Edgecomb,)  Wil- 
son (Perquimons,)  Williams  (Franklin,)  Williams  (Person,)  Williams 
(Pitt,)  Welch,  Wooten,  Whitfield,  Wilder  and  Young— 90  Yeas. 

Those  who  voted  in  the  negative  were 
11 


■82  JOURNAL    OF   THE    CONVENTION. 

Messrs.  Bower,  Birchett,  Carson  {Burke.)  Carson  (Rutherford,)  Frank* 
lin,  Gaither,  'Guinn,  Grier,  Gaines,  Giles,  Hogan,  Hargrave,  Hutcheson, 
Jervis,  Lea,  McQueen,  Morris,  McMillan,  Melchor,  McDiarmid,  Morehead, 
Martin,  Montgomery,  Moore,  Parker,  Shipp,  Shober,  White  and  Well- 
born—29  Nays. 

And  on  the  question  that  the  said  Article  pass  its  third  reading, 
and  be  referred  to  the  Committee  of  seven,  it  was  decided  in  the  af- 
firmative. 

The  Article  relating  to  vacancies  occurring  in  the  General  Assem- 
bly before  the  meeting  thereof  ; 

The  Article  requiring  members  of  tlie  General  Assembly  to  vote 
viva  voce ; 

The  Article  abrogating  the  right  of  mulattoes  and  free  negroes  to 
vote  for  members  of  the  Legislature  ;  and 

The  Article  relating  to  the  removal  of  Judges  from  Office,  and 
declaring  that  the  salaries  of  Judges  shall  not  be  diminished  during 
their  continuance  in  office  ;  were  severally  read  the  third  time,  an4 
referred  to  the  Committee  of  seven. 

The  Article  relating  to  the  removal  of  Justices  of  the  Peace  from 
office,  was  taken  up  for  consideration. 

Mr.  Jacocks  moved  to  postpone"  the  Article  indefinitely  ;  which 
was  determined  in  the  negative.     Yeas  14 — Nays  91. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Jacocks. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Arlington,  Cox,  Ferebee,  Gatling,  Gary,  Tfussey,  Jacocks, 
Macon,  Morris,  McPherson,  Montgomery,  Pipkin,  Stallings,  and  Wilson 
— 14  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Averitt,  Bower,  Bonner,  Baxter,  Brittain, Biggs, Bailey, 
Bunting,  Birchett,  Broadnax,  Boddie,  Cathey,  Cansler,  Cooper,  Calvert, 
Chambers,  Collins,  Daniel,  Dobson,  Dockery,  Elliott,  Fisher,Faison, Frank- 
lin, Gaither,  Graves,  Gilliam,  Guinn,  Grier,  Gaines,  Gray,  Giles,  Gudger, 
Hill,Hall,  Hogan,  Hargrave,  Hooker,  Huggins,  Hutcheson,  Hal sey, Holmes, 
Jones  (fPakg,) Jones  (Wilkes.)  Jervis,  Joiner,  Kelly,  Lea,  Lesueur,  Mc- 
Queen, McMillan,  Melchor,  McDiarmid,  Mar-chant,  Morehead,  Martin, 
Mars  teller,  Moore,  Norcom,  Outlaw,  Owen,  Parker,  Powell  (Robeson,) 
lluffin,  Rayner,  Ramsay  (Pasquotank,)  Roulhac,  Swain,  Sawyer,  Spaight 
(Craven,)  Speight  (Greene,)  Shipp,  Seawell,  Sherard,  Smith,  (Fancy,) 
Shober,  Spruill,  Troy,  Toomer,  White,  Wilson  (Edgecomb,)  Welch, 
Wootcn,  Williams  (Franklin,)  "WWM&ms  (Person,)  Williams  (Pitt,)  Whit- 
field, Wellborn,  Wilder  and  Young — 91  Nays. 

Mr.  Carson  of  Rutherford,  moved  to  amend  the  Article  by  strik- 
ing out  the  following  words  "  and  he  shall  be  forever  disqualified 
from  holding  such  appointment." 

Atul  the  question  being  taken  thereon  it  was  determined  in  the 
negative. 

Mr.  Jacocks  moved  to  strike  out  of  the  Article,  all  after  the  word 


JOURNAL  OF  THE  CONVENTION.  83 

"that,"  and  insert  in  lieu- thereof  the  following:  "Upon  the  certifi- 
cate of  the  Chairman  or  presiding  Magistrate,  that  it  is  the  opinion 
of  three  fourths  of  the  acting  Justices  of  the  Peace  of  his  said  coun- 
ty, attested  by  the  Clerk,  and  under  the  seal  of  said  Court,  that  any 
Justice  of  the  Peace  in  said  County,  is  morally  or  mentally  disquali- 
fied for  holding  said  Office,  then  and  in  that  case,  the  commission  of 
said  Justice  of  the  Peace  shall  be  cancelled,  and  he  shall  be  thereup- 
on removed  from  Office."* 

And  upon  the  question  to  agree  thereto,  it  was  determined  in  the 
negative. 

The  Article  was  then  read  the  third  time,  and  referred  to  the 
Committee  of  seven. 

The  Article  relating  to  the  impeachment  of  Judges  and  other  Offi- 
cers of  the  State,  was  taken  up  for  consideration. 
Mr.  Shober  submitted  the  following  amendment: 

"  The  House  of  Commons  shall  elect  from  their  own  body,  three 
members  whose  duty  it  shall  be  to  prosecute  impeachments.  No 
impeachment  shall  be  tried  until  the  Legislature  shall  have  adjourn - 
ed  sine  die;  when  the  Senate  shall  proceed  to  try  such  impeach- 
ment." 

The  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive. 

The  Article  was  then  read  the  third  time,  and  referred  to  the 
Committee  of  seven. 

The  Convention  took  up  for  its  second  reading  the  Article  arrang- 
ing the  Senatorial  Districts. 

Mr.  Kelly  moved  to  amend  by  striking  the  county  of  Montgome- 
ry from  the  34th  district,  and  attaching  it  to  the  33d  district. 

Upon  the  question  of  agreeing  to  the  amendment,  it  was-  decided" 
in  the  negative.     Yeas  21 — Nays  93. 

On  this  question,  the  Yeas  and  Nays  were  required  by  one  fifth 

the  members  present,  on    the  call    of  Mr.  Kelly. 
Those  who  voted  in  the  affirmative  were 

Messrs.  Arrington,  Bunting,  Cox,  Daniel,  Dock^vy,.  Gary,  Hall,  Holmes, 
facocks,  Kelly,  McQueen,  McDiarmid,  Morehead,  Marsteller,  Monro, 
Norcom,  Parker,   Sawyer,  Seawell,   Troy  and  Toomer — 21  Yeas. 

Those  who  voted  in  the  negative  were 
Messrs.  Andres, .Averitt,  Adams,  Bower,  Bonner,  Baxter,  Brittain,  Biggs, 
Bailey,  Birchett,  Brodnax,  Boddie,  Carson  (Burke,)  Carson  (Rutherford,) 
?,athey,Cansler,  Cooper,  Calvert,  Chambers,Collins,  Dobson,  Elliot,  Fesebee, 
iisher,  Faison,  Franklin,  Gatling,Gaither,Graves,Gaston  (Craven,)  Gaston 
Hyde,)  Gilliam,  Guinn.  Grier,  Gaines,  Gray,  Giles,  Gudger,  Hill.  Hogan, 
rlargrave,  Hussey,  Hooker,  Hodges,  Huggins,  Howard,  Hutcheson,  Halsey, 
Fones  (Wake,)  Jones  [Wilkes,)  Jervis,  Joiner,  King,  Lea,  Lesueur,  Ma- 
:on,  Morris,  McMillan,  Melchbr,  McPherson,  Marchant,  Martin,  Mont- 
gomery, Meares,  Outlaw,  Owen,  Pipkin,  Powell  (Robeson,)  Ruffin,Rayner, 
Ramsay  (Pasquotank.)  Roulhac,  Swain,  Skinner,  Spaight  (Cravm,) Speight 
''Greene,)  Stallings,  Shipp,  Sherard,  Smith  (Fancy,)  Shober, Tayloe, White, 


84  JOURNAL  OF  THE  CONVENTION. 

Wilson  (Edgecomb,)  Wilson  (Perquimons,)  Welch,  Wooten,  Williams, 
(Franklin,)  Williams  (Person,)  Whitfield,  Wellborn,  Wilder  and  Young 
— 93  Nays. 

Mr.Bailey  moved  to  amend  the  Article,so  that  Pasquotank  should 
form  a  Senatorial  district. 

The  question  being  taken  thereon,  it  was  decided  in  the  negative. 
Yeas  18 — Nays  83. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members  pre- 
sent, on  the  call  of  Mr.  Pipkin. 

Those  who  voted  in  the  affirmative  were, 

Messrs.  Arrington,  Baxter,  Bailey,  Carson  (Rutherford,)  Dockery, 
Ferebee,  Fisher,  Hill,  Hall,  Joiner,  Jacocks,  King,  McQueen,  Norcom, 
Owen,   Ramsay  [Pasquotank,)  Shober,  Tayloe, — 18  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Adams,  Bower,  Bonner,  Brittain,  Biggs,  Bunting,  Bir- 
chett,  Brodnax,  Boddie,  Cathey,  Cox,  Cansler,  Cooper,  Calvert,  Cham- 
bers, Collins,  Dobson,  Elliott,  Faison,  Franklin,  Gatling,  Gaither,  Graves, 
Gilliam,  Gaston  {Hyde,)  Guinn,  Grier,  Gaines,  Gary,  Gray,  Giles,  Gudger, 
Hogan,  Hargrave,  Hodges,  Huggins,  Howard,  Hutcheson,  Hatsey,  Holmes, 
Jones  (Wake,)  Jones  (Wilkes,)  Jervis,  Kelly,  Lea,  Lesueur,  Morris,  Mc- 
Millan, Melchor,McPherson,McDiarmid,Marchant,Morehead, Martin,  Mar- 
steller, Montgomery, Moore,Outlaw,  Parker,Pipkin,Powell  (Robeson)  Ruffin, 
Rayner,  Roulhac,  Skinner,  Spaight  (Craven,)  Speight  (Greene.)  Stallings, 
Shipp,  Seawell,  Sherard,  Smith  (Fancy,)  Toomer,  White, Wilson  (Edge- 
comb,)  Welch,  Wooten,  Williams  (Franklin,)  Williams  (Person,)  Whit- 
field, Wellborn  and  Young*— 83  Nays. 

The  Article  was  read  a  second  time;  and  on  the  question  that  it 
pass  to  its  third  reading  it  was  determined  in  the  affirmative. 
On  motion  of  Mr.  Kelly, 

Ordered,  That  Mr.  Chalmers  have  leave  of  absence  from  the  service  of 
the  Convention,  from  and  after  to-morrow,  for  the  remainder  of  the  session. 

On  motion  of  Mr.  Hargrave,  the  Convention  proceeded  to  consi- 
der the  Report  on  the  mode  of  appointing  Militia  Officers. 

The  Convention  refused  to  concur  in  the  Report :  and  Mr.  Har- 
grave presented  the  following  Article: 

Officers  of  the  Militia  shall  be  chosen  as  follows,  that  is:  The  of- 
ficers of  Companies  by  the  Companies;  Officers  of  Battalions 
and  Regiments  by  the  Commissioned  Officers  of  Battalions  or  Re- 
giments respectively;  Brigadier  Generals  by  the  Field  Officers  of 
the  Brigade;  and  Major  Generals  by  the  Field  Officers  of  the'  Di- 
vision, under  such  rules  and  regulations  as  the  General  Assembly 
may  from  time  to  time  prescribe.  The  Governor  shall  commission 
all  Officers. 

The  Article  was  read  the  first  time,  and  ordered  to  be  printed. 
Mr.  Collins  moved  that  the  Convention  adjourn. 

And  the  question  being  had  thereon,  it  was  determined  in  the  ne- 
gative— Yreas  52,  Nays  53. 


JOURNAL  OP  THE  CONVENTION.  85 

The  Yeas  and  Nays»wcre  required  by  one-fifth  of  the  members 
present,  on  the  call  of  Mr.  Collins. 

Those  who  voted  in  the  affirmative,  were  ■ 

Messrs.  Andres,  Biggs,  Bailey,  Bunting,  Brodnax,  Cooper,  Calvert, 
■Chambers,  Collins,  Elliott,  Faison,  Gilliam,  Gaines,  Gary,  Giles,  Cudger, 
Hill,  Hogan,  Hargrave,  Hodges,  Howard,  Holmes,  Jones  (Wake.)  Jones 
(Wilkes)  King,  McQueen,  Melchor,  McPherson,  McDiarmid,  Marsteller, 
Meares,  Moore,  Norcom,  Outlaw,  Owen,  Pipkin,  Powell  (Robeson,)  Ray- 
ner,  Ramsay  (Pasquotank,)  Roulhac,  Spaight  (Craven,)  Speight  (Greene,) 
.Seawell,  Shober,  Spruill,  Tayloe,  Toomer,  Wilson  (Edgecomb,)  Wilson 
(Perquimons,)  Welch,  Williams  (Franklin,)  and  Wellborn — 52  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Averitt,  Arrington,  Adams,  Bower,  Bonner,  Brittain,Birchett, 
Baxter  ,Boddie,Cox,Cansler,  Carson  (/?ui/jer/or(ZjDockery,Dobson,Ferebee, 
Fisher, Franklin, Gatling,Gaither, Graves, Gaston  (Hyde)  Guinn,Grier,Cray, 
Hall,  Huggins,  Hutcheson,  Halsey,  Jervis,  Joiner,  Jacocks,  Kelly,  Lea, 
liesueur,  Morris,  McMillan,  Marchant,  Morehead,  Martin,  Montgomery, 
Parker,  Ruffin,  Sawyer,  Skinner,  Stallings,  Shipp,  Sherard,  Smith  (Yancy,) 
White,   Wooten,  Williams  (Person,)  Whitfield  and  Young — 53  Nays. 

On  motion  of  Mr.  Giles,  the  Convention  proceeded  to  consider 
the  following  Resolution: 

Resolved,  That  three  thousand  copies  of  the  Report  of  the  Committee  who 
was  instructed  to  arrange  the  Senatorial  Districts  and  apportion  the  mem- 
bers of  the  House  of  Commons  among  the  several  counties,  be  printed  for 
<the  use  of  the  Delegates  of  this  Convention  ;  and  that  the  Article  on  the 
Senate  and  House  of  Commons  adopted  by  the  Convention,  be  appended 
thereto. 

On  motion  of  Mr.  Hogan,  the  Resolution  was  amended  by  striking 
out  "  three  thousand,"  and  inserting  "five  thousand." 

The  Resolution  was  adopted  ;  and  on  motion  of  Mr.  Morehead,or- 
dered  that  this  document  be  printed  under  the  direction  of  Messrs. 
Collins  and  Giles. 

On  motion,  the  Convention  adjourned. 


THURSDAY,   JULY  9,   1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Mr.  Jamieson,  of  the  Methodist  Episcopal  Church. 

On  motion  of  Mr.  Wilson,  of  Edgecomb, 

Ordered,  That  Mr.  Biggs  have  leave  of  absence  from  and  after  to-morrow 
for  the  remainder  of  the  session. 

On  motion  of  Mr.  Branch,  the  Convention  proceeded  to  consider 
the  Report  on  the  manner  in  which  the  amendments  adopted  by  this 
Convention  shall  be  submitted  for  ratification. 


86  JOURNAL  OF  THE  CONVENTION. 

On  motion  of  Mr.  Marchant,  the  Report  \Vas  amended  by  striking 
out  the  words  "  Thursday  and  Friday  immediately  succeeding,"  and 
inserting  in  lieu  thereof  the  words  "ensuing  Monday." 

On  motion  of  Mr.  Giles,  the  Report  was  further  amended  by 
striking  out  the  word  "ten"  and  inserting  in  lieu  thereof  "twenty." 

Mr.  Skinner  moved  to  amend  the  Report  by  striking  out  "  No- 
vember" and  inserting  "  March."  And  the  question  being  had 
thereon,  it  was  decided  in  the  negative. 

Mr.  Wilson  of  Perquimons,  moved  further  to  amend  the  Report 
by  striking  out  all  after  the  first  word,  and  to  insert  in  lieu  thereof 
as  follows: 

"  That  the  amended  Constitution  be  submitted  for  ratification  or 
rejection  to  the  Representatives  of  the  people  in  the  next  General 
Assembly." 

Upon  the  question  of  agreeing  thereto,  it  was  decided  in  the  ne- 
gative— Yeas  7,  Nays  107. 

The  Yeas  and  Nays  were  required  by   one-fifth   of  the  members- 
present  on  the  call  of  Mr.  Dockery. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Hall,  Huggins,  Holmes,  Jacocks,  MePhersoivStallingsand  Wil- 
son (Perquimans,) — 7  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Averitt,  Arrington,  Adams,  Bower,  Bonner,  Baxter, 
Branch,  Brittain,  Biggs,  Bailey,  Bunting,  Birchett,  Brodnax,  Boddie,  Cox, 
Cathey,  Cansler,  Cooper,  Calvert,  Chambers,  Carson  (Rutherford,)  Col- 
lins, Daniel,  Dockery,  Dobson,  Elliott,  Edwards,  Ferebee,  Fisher,  Faison, 
Franklin,  Gatling,  Gaither,  Graves,  Gaston  (Craven,)  Gaston  {Hyde,)  Gil- 
liam, Guinn,  Grier,  Gaines,  Gary,  Gray,  Giles.  Gudger,  Hill,  Hogan,  Har- 
grave,  Hussey,  Hooker,  Howard,  Hutcheson,  Halsey,  Jones  {Wake,)  Jones 
(Wilkes,)  Jervis,  Joiner,  King,  Kelly,  Lea,  Lesueur,  Macon«  McQueen, 
Morris,  McMillan,  Melchor,  McDiarmidi,  Marchant,  Morehead,  Martin, 
Marsteller,  Montgomery,  Meares,  Moore,  Norcom,  Outlaw,  Owen,  Pearsall, 
Parker,  Pipkin,  Powell  {Robeson,)  Puffin,  Rayner,  Ramsay  (Pasquotank*) 
Roulhac,  Swain,  Sawyer,  Skinner,  Speight  {Greene,)  Shipp,  Seawell,  She- 
rard,  Smith  {Fancy,)  Shober,  Tayloe,  Troy,  Toomer,  White,  Wilson 
(Edgecomb,)  Williams  {Franklin,)  Williams  {Person,)  Welch,  Wooten, 
Whitfield,  Wellborn,  Wilder  and  Young— 107  Nays. 

On  motion  of  Mr.  Gaston  of  Craven, 

Ordered,  That  the  Report  be  re-committed  to  the  same  Committee,  with 
instructions  to  bring  in  an  Ordinance  in  conformity  thereto. 

The  Convention  took  up  for  consideration  the  Article  arranging 
the  Senatorial  Districts. 

Mr.  Owen  moved  to  amend  the  Article  so  as  to  make  Duplin 
and  Onslow  the  28th  district,  Bladen  the  29th  district,  Brunswick 
and  Columbus  the  30th  district.  And  on  the  question  to  agree  to 
the  same,  it  was  decided  in  the  negative. 


JOURNAL    OF   THE    CONVENTION.  87 

The  Article  was  then  read  the  third  time,  and  referred  to  the  Com- 
mittee of  seven. 

The  Article  apportioning  the  members  of  the  House  of  Commons  ; 
and, 

The  Article  relating  to  the  residence  and  qualification  of  voters 
for  the  Senate  and  persons  eligible  to  the  Senate,  were  each  read 
and  passed  to  their  third  reading. 

The  Article  relating  to  capitation  tax  was  read  the  second  time, 
and  on  motion  of  Mr.  Seawell,  amended  by  adding  thereto  the  fol- 
lowing proviso: 

I    Provided,  That  nothing  herein  contained  shall  prevent  exemptions  of  tax- 
able Polls,  as  heretofore  prescribed  by  law,  in  cases  of  bodily  infirmity. 

And,  on  the  question  that  the  Article  pass  to  its  third  reading,  it 
was  determined  in  the  affirmative. 

The  Article  was  read  the  third  time,  and  referred  to  the  Commit- 
tee of  seven. 

The  Article  relating  to  the  appointment  of  Justices  was  taken  up 
for  its  second  reading. 

Mr.  Swain  moved  to  amend  the  Article,  by  striking  out  all  after 
the  word  "  That,"  and  inserting  in  lieu  thereof  the  following: 

The  Justices  of  the  Peace,  within  the  respective  counties  in  this 
State,  shall  in  future  be  recommended  to  the  Governor  for  the  time 
being,  by  the  representatives  in  General  Assembly,  and  the  Justi- 
ces when  so  commissioned,  shall  hold  their  Offices  during  good  be* 
haviour,  and  shall  not  be  removed  from  Office  by  the  General  As- 
sembly unless  for  misbehaviour,  absence  or  inability:  Provided,  that 
the  number  of  Justices  in  each  county  shall  not  exceed  fifteen  to  each 
representative  to  which  such  county  may  be  entitled  in  the  House  of 
Commons. 

On  motion  of  Mr.  Giles,  the  further  consideration  of  the  Article 
was  postponed  indefinitely.     Yeas  56 — Nays  21. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on   the  call  of  Mr.  Cooper. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Arlington,  Adams,  Bower,  Bonner,  Baxter,  Brittain,  Boddie, 
Cathey,  Cooper,  Calvert,  Chambers,  Dobson,  Elliott,  Ferebee,  Fisher, 
Faison,  Frankhn,  Gaither,  Graves,  Gilliam,  Guinn,  Grier,  Grav,  Giles, 
Gudger,  Hall,  Hussey,  Huggins,  Hutcheson,  Jervis,  Joiner,  Jacocks, 
Lea,  Lesueur,  Morns,  McPherson,  McDiamid,  Marchant,  Martin,  Mar- 
IrP-f '  5i°5e'  0,ui,aw»  Parker'  Pipkin,  Roulhac,  Shipp,  Sherard,  Shober, 
White,  Wilson,  (Edgecomb,)  Welch,  Wooten,  Williams  (PersonJ  Whit- 
tfi.eld,  Wellborn,  and  Young— 56  Yeas. 

Those  who  voted  in  the  negative,  were 

Messrs.  Biggs,  Bailey,  Daniel,  Dockery,  Edwards,  Gaines,  Gary,  Har- 
,iave,  Kelly,  Macon,  McMillan,  Melchor,  Morehead,  Meares,  Norcum, 
owell  (Robeson,)  Ruffin,  Ramsay  (Pasquotank)  Skinner,  Smith  (Fancy,) 
nd  Troy, — Nays  21.  *' 


88  JOURNAL  OF  THE  CONVENTION; 

The  Article  declaring  that  no  person  wlio  holds  Office  under  tfre 
United  States,  shall  hold  Office  under  this  State,  was  taken  up  for 
its  second  reading. 

On  motion  of  Mr.  Sea  well,  the  Article  was  amended  by  striking 
out  all  after  the  word  "That,"  and  inserting  in  lieu  thereof  the  fol- 
lowing: 

No  person  who  shall  hold  any  office  or  place  of  trust  or  profit  under 
the  U.  States,  or  any  department  thereof,  or  any  of  said  States,  or 
under  any  foreign  power,shall  hold  or  exercise  any  Office  or  place  of 
trust  or  profit  under  the  authority  of  this  State,  or  be  eligible  fo  a 
seat  in  either  House  of  the  General  Assembly:  Provided,  That  noth- 
ing herein  contained,  shall  extend  to  the  appointment  of  any  Office  m 
the  militia  or  Justice  of  the  Peace. 

The  Article  as  amended  passed  to  its  third  reading. 

The  Article  apportioning  the  members  of  the  House  of  Com*- 
mons  5  and 

The  Article  relating  to  the  residence  and  qualification  of  voters 
for  the  Senate,and  persons  eligible  to  the  Senate;  were  each  read  the 
third  time,  and  referred  to  the  Committee  of  seven. 

The  Article  upon  private  legislation  was  taken  up  for  its  second 
reading. 

Mr.  Morehead  moved  to  amend  the  Article  by  striking  out  the  2d, 
Sd  and  4th  sections,  and  inserting  m  lieu  thereof  the  following:* 

The  General  Assembly  shall  have  no  power  to  pass  any  private 
law  to  effect  any  object  that  could  be  effected  by  a  general  law  on 
the  subject. 

The  question  being  taken  thereon,  it  was  decided  in  the  nega- 
tive. 

On  motion  of  Mr.  Gilliam,  the  Article  was  amended  by  striking 
out  the  first  and  fourth  sections. 

On  motion  of  Mr.  Meares,  the  Article  was  further  amended  by 
adding  to  the  third  section,  as  follows  i  "  But  shall  have  power  to 
pass  general  Laws  regulating  the  same.'-' 

On  motion  of  Mr,  Meares,  the  following  was  adopted  as  an  addi- 
tional section  : 

The  General  Assembly  shall  not  have  power  to  pass  any  private 
law  as  to  any  matter,  the  power  to  do  which  shall  have  been  trans- 
ferred by  a  general  law  to  the  Courts  of  the  State. 

The  article  as  amended,  was  read  the  second  time  ;  and  on  the 
question  that  it  pass  to  its  third  reading,  it  was  decided  in  the  affir- 
mative. 

The  Article  amending  the  S2d  section  was  taken  up  and  considered. 

Mr.  Wilson,  of  Perquimons,  moved  to  amend  it,  by  striking  out l 
all  after  the  word  "  That,"  and  inserting  in  lieu  thereof  the  follow- 
ing : 

All  free  men,  having  the  qualifications  provided  for  in  the  exist- 
ing Constitution,  who  upon  election  and  previously  to  entering  upon 


JOURNAL  OF  THE  CONVENTION.  89 

a  discharge  of  official  duty,  shall  take  the  oath  of  allegiance  to  this 
State,  and  the  oaths  to  support  the  Constitution  of  this  State,  and  of 
the  United  States,  shall  be  capable  of  holding  any  oflicc  or  place 
of  trust  or  profit  in  the  civil  department  within  this  State. 

Mr.  Holmes  called  for  a  division  of  the  question  ;  and  the  ques- 
tion being  on  striking  out,  it  was  determined  in  the  negative.  Yeas 
32 — Nays  76. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present  on  the  call  of  Mr.  Holmes. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Andres,  Averitt,  Bonner,  Branch,  Bailey,  Bunting,  Carson 
(Rutherford,)  Collins,  Daniel,  Edwards,  Ferebee,  Gaston  (Craven,)  Gas- 
ton (Hyde,)  Gilliam,  Hall,  Huggins,  Howard,  Holmes,  Kelly,  Macon, 
McPherson,  Marchant,  Outlaw,  Owen,  Rayner,  Roulhac,  Swain,  Saw- 
yer, Skinner,  Tayloe,  Troy  and  Wilson — 32  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs*  Arrington,  Adams,  Bower,  Baxter,  Brittain,  Biggs,  Birchett, 
Broadnax,  Boddie,  Cathey,  Cox,  Cansler,  Cooper,  Chambers,  Dockery, 
Dobson,  Elliott,  Fisher,  Faison,  Franklin,  Gatling,  Gaither,  Graves,  Guinn, 
Grier,  Gaines,  Gary,  Gray,  Giles,  Gudger,Hill,  Hogan,  Hargrave,  Hussey, 
Hooker,  Halsey,  Jervis,  Jones  (fVcike,)  Jones  (Wilkes,)  Joiner,  King,  Lea, 
Lesueur,McQueen,McMillan,Morris,Melchor,McDiarmid,Morehead,  Mar- 
tin, Montgomery,  Moore,  Norcom, Parker,  Pipkin,  Powell  (Robeson)  Ruffin, 
Ramsay  (Pasquotank)  Stallings,  Speight  (Greene,)  Shipp,  Seawell,  Sherard, 
Smith,  ( Fancy ,)Shober,  Toomer,  White,  Wilson  (Edgecomb,)  Williams 
(Franklin,)  Williams  (Person,)  Welch,  Wooten,  Whitfield,  Wellborn, 
Wilder  and  Young — 76  Nays. 

The  Article  was  read  the  second  and  third  time,  and  referred  to 
the  Committe  of  seven. 

Mr.Branch  from  the  Committee  to  whom  the  subject  was  referred, 
reported  the  following  Ordinance: 

Be  it  ordained  and  declared,  bij  the  Members  in  this  Convention,  in 
Convention  assembled,  and  it  is  hereby  ordained  by  the  authority  of  the 
same,  That  the  Amendments  to  the  Constitution  of  this  State,  adopt- 
ed by  this  Convention,  be  submitted  by  the  Governor  to  the  people, 
on  the  second  Monday  in  November  next,  days  notice  being 

given ;  and  that  the  polls  be  opened  by  the  respective  Sheriffs,  and 
kept  open  for  days,  at  the  several  election  precincts  in  each 

and  every  county  in  the  State,  under  the  same  rules  and  regulations 
as  now  exist,  for  the  election  of  Members  to  the  General  Assembly. 
That  the  said  Sheriffs  be  required  to  compare  and  certify  the  results 
of  the  elections,  on  or  before  the  Monday  following,  and  transmit 
the  same  in  twenty  days  thereafter,  to  the  Governor  of  the  State. — 
That  all  persons  qualified  to  vote  for  members  of  the  House  of  Com- 
mons, may  vote  for  or  against  a  ratification  of  the  Amendments. — 
Those  who  wish  a  ratification  of  the  Amendments,  voting  with  a 
printed  or  written  Ticket,  ii Ratification" — those  of  a  contrary  opin- 
ion, "Rejection." 

12 


90  JOURNAL  OF  THE  CONVENTION. 

Further,  That  it  shall  be  the  duty  of  the  Sheriffs  to  make  dupli- 
cate statements  of  the  polls  in  their  respective  counties,  sworn  to  be* 
fore  the  Clerk  of  the  County  Court;  one  copy  of  which  shall  be  de- 
posited in  said  Clerk's  Office,  and  the  other  copy  transmitted  to  the 
Governor  of  the  State,  at  Raleigh. 

Be  it  further  ordained  by  the  authority  of  the  same,  That  when  the 
returns  aforesaid  shall  have  been  received,  the  same  shall  be  opened 
by  the  Governor  in  the  presence  of  the  Secretary  of  State  and  Trea- 
surer; and  in  case  a  majority  of  the  qualified  voters  of  the  House  of 
Commons  shall  be  in  favor  of  a  ratification  of  the  Amendments,  the 
same  shall  be  forthwith  made  known  by  a  Proclamation  of  the  Go- 
vernor to  the  People  of  the  State.  And  thereupon,  the  amended 
Constitution  shall  be  signed  by  the  Governor,  and  his  signature  au^ 
thenticated  by  the  Great  Seal  of  the  State  of  North  Carolina,  as  an 
evidence  of  its  having  been  ratified  by  the  people,  and  then  filed  in 
the  office  of  the  Secretary  of  State* 

Be  it  further  ordained  by  the  authority  aforesaid,  That  the  amend- 
ments thus  ratified  shall  take  effect,  and  be  in  force,  from  and  after 
the         day  of  A.  D.  .     Provided,  however,  that  the  Go- 

vernor in  office  shall  continue  to  exercise   his  functions  to  the  full 
end  and  term  of  the  time  for  which  he  shall  have  been  elected. 

Be  it  further  ordained,  That  in  the  event  of  the  Amendments  being 
ratified  by  the  people,  then,  and  in  that  case,  the  ejection  for  Go- 
vernor shall  take  place  at  the  same  time,  in  July  and  August  next, 
that  an  election  for  members  of  the  General  Assembly  shall  be  held  ; 
and  that  it  shall  be  the  duty  of  the  respective  Sheriffs,  to  open  polls 
at  their  various  election  precincts,  for  a  Governor,  and  to  make  du- 
plicate statements  of  the  polls  in  their  respective  counties,  sworn  to 
before  the  Clerk  of  the  County  Court — one  copy  of  which  shall 
be  deposited  in  said  Clerk's  Office,  and  the  other  copy  sealed  and 
transmitted  to  the  Secretary  of  State,  and  by  him  shall  he  laid  be? 
fore  the  Members  of  the  next  General  Assembly,  on  the  first  day  of 
their  meeting,  and  the  same  shall  be  opened  aud  counted  hi  the  pre- 
sence of  both  Houses.  The  person  having  the  greatest  number  of 
votes  shall  be  the  Governor-elect;  provided,  however,  that  he  be 
constitutionally  eligible.  In  case  two  or  more  have  an  equal  num- 
ber of  votes,  or  in  case  the  person  having  the  greatest  number  be 
not  qualified,  then,  and  in  that  case,  the  General  Assembly  shall 
proceed  to  elect  by  joint  ballot. 

The  Ordinance  was  read  the  first  time  ;  and  on  motion  of  Mr» 
Branch,  ordered  to  be  printed. 

And,  on  motion,  the  Convention  adjourned, 

* 


JOURNAL  OF  THE  CONVENTION.  91 


FRIDJir,  JULY  10,   1835. 

The  Convention  met  pursuant  to  adjournment.  Prayer  by  the 
Rev.  Dr.  McPhectcrs. 

Mr.  Gary  submitted  the  following  Resolutions:  which  lie  on  the 
table. 

Resolved,  That  this  Convention  tender  their  thanks  to  the  Authorities  of 
the  Presbyterian  and  Methodist  Churches — the  former  for  the  use,  and  the 
latter  for  the  offer  of  their  Church  for  the  sittings  of  this  Convention. 

Resolved  further*  That  the  Members  of  this  Convention,  present  their 
thanks  to  the  Rev.  Dr.  McPheeters  and  the  Rev.  Mr.  Jamieson,  for  their 
services,  as  Chaplains  to  this  Convention. 

Ordered,  That  Messrs.  Hooker,  Speight  (Greene,)  Bryan, Joiner,Boddie, 
and  Kelly,  have  leave  of  absence  from  and  after  to-day ,  for  the  remainder 
of  the  session  of  this  Convention. 

The  Convention  proceeded  to  consider  the  Article  relating  to  Pri- 
vate Legislation. 

On  motion  of  Mr,  Daniel,  the  Article  was  amended,  by  striking 
out  the  word  "  bastard,''  aud  inserting  the  words,  "  any  person  not 
born  in  lawful  wedlock." 

On  motion  of  Mr.  Mearcs,  the  Article  was  further  amended  by 
striking  out  the  third  section,  and  inserting  the  following: 

The  General  Assembly  shall  not  pass  any  private  law,  unless  it 
shall  be  made  to  appear  that  thirty  days  notice  of  application  to 
pass  such  law,  shall  have  been  given  under  such  direction,  and  in  such 
manner  as  shall  be  provided  by  law. 

The  Article  as  amended,  was  read  the  third  time,  and  referred  to 
the  Committee  of  seven. 

The  Article  declaring  the  mode  of  appointing  Militia  Officers,  was 
taken  up  for  its  second  reading. 

On  motion  of  Mr.  Guinn,  the  Article  was  amended  by  striking 
out  all  after  the  word  "  That,"  and  inserting  in  lieu  thereof,  the 
following: 

The  General  Assembly  shall  have  power  to  pass  laws  regulating 
the  mode  of  appointing  and  removing  Militia  Officers. 

The  Article  as  amended,  was  read  the  second  and  third  time,  and 
referred  to  the  Committee  of  seven* 

The  Article  relating  to  the  election  of  Governor  was  taken  up  for 
its  second  reading. 

Mr.  Shober  submitted  the  following  amendment,  as  an  additional 
section  to  the  Article. 

The  returns  of  every  election  for  Governor,  shall  be  sealed  up 
and  transmitted  to  the  seat  of  Government  by  the  returning  Officers, 
directed  to  the  Speaker  of  the  Senate,  who  shall  open  and  publish 
them  in  the  presence  of  a  majority  of  the  members  of  both  Houses  of 
the  General  Assembly.  The  person  having  the  highest  number  of 
votes,  shall  be  Governor ;  but  if  two   or  more   shall  be  equal  and 


92  JOURNAL  OF  THE  CONVENTION. 

highest  in  votes,  one  of  them  shall  he  chosen  Governor,  hy 
joint  vote  of  both  Houses  of  the  General  Assembly.  Contested  elec- 
tions for  Governor  shall  be  determined  by  both  Houses  of  the  Gene- 
ral Assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

Mr.  Seawell  moved  to  amend  the  amendment  by  striking  out  the 
words  "  the  highest  number  of  votes,  shall  be  Governor  ;  but  if  two 
or  more  shall  be  equal  and  highest  in  votes,  one  of  them  shall  be 
chosen  Governor  by  joint  vote  of  both  Houses  of  the  General  Assem- 
bly," and  inserting  in  lieu  thereof,  "  a  majority  of  the  whole  votes 
given  shall  be  considered  duly  elected  ;  but  in  case  no  one  shall  re- 
ceive a  majority,  the  General  Assembly  shall,  by  joint  hallot  of 
both  Houses,  appoint  a  Governor  from  the  three  having  the  highest 
number  of  votes." 

On  the  question  of  adopting  the  amendment,  it  was  determined  in 
the  negative.     Yeas  37 — Nays  66. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on   the  call  of  Mr.  Ramsay  of  Pasquotank. 

Those  who  voted  in  the  affirmative  were 

Messrs.  Arrington,  Baxter,  Bailey,  Bunting,  Calvert,  Collins,  Edwards, 
Ferebee,  Gatling,  Gaither,  Gaston  (Crav en,)  Gaston  (Hyde,)  Gilliam, Gary, 
Hill,  Hall,  Huggins,  Howard,  Halsey,  Holmes,  Jones  (Wake,)  Jacocks, 
Macon,  Melchor,  McPherson,  Marchant,  Marsteller,  Norcom,  Outlaw, 
Pipkin,  Rayner, Ramsay  (Pasquotank,)  Roulhac,  Skinner,  Seawell,  Troy, 
and  Toomer — 37  Yeas. 

Those  who  voted  in  the  negative  were 

Messrs.  Andres,  Adams,  Bower,  Bonner,  Brittain,  Birchett,  Brodnax, 
Cathey,  Cansler,  Cooper, Chambers, Carson  (Rutherford,)  Daniel,  Dockery, 
Dobson,  Elliott,  Fisher,  Faison,  Frauklin,  Graves,  Guinn,  Grier,  Gaines, 
Gray,  Giles,  Gudger,Hogan,  Hargrave,  Hussey,  Hutcheson,  Jervis,  Jones 
i^'ilkes,)  King,  Kelly,  Lea,  Lesueur,  McQueen,  Moms,  McMillan,  Mc- 
Diarmid,  Morehead,  Martin,  Montgomery,  Meares,  Moore,  Owen,  Par- 
ker, Powell  (Robeson,)  Ruffin,  Swain,  Spaight  (Craven,)  Stallings,  Shipp, 
Sherard,  Smith  (Fancy,)  Shober,  White,  Wilson  (Edgecomb,)  Wilson 
(Perquimons,)  Williams  (Franklin,)  Williams  (Person,)  Whitfield, Welch, 
Wellborn,  Wilder  and  Young — 66  Nays. 

And  the  question  recurring  on  Mr.  Shober's  amendment,  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  Shober,  the  Article  was  further  amended  by 
adding  thereto,  as  follows: 

The  Governor  elect  shall  enter  on  the  duties  of  the  office,  on  the 
first  day  of  January  thereafter,  having  previously  taken  the  oath  of 
Office  in  presence  of  the  members  of  both  branches  of  the  General 
Assembly,  or  before  the  Chief  Justice  of  the  Supreme  Court,  who, 
in  case  the  Governor  elect  should  be  prevented  from  attendance  be- 
fore the  General  Assembly,  by  sickness  or  other  unavoidable  cause, 
is  authorised  to  administer  the  same. 

The  Article  as  amended,  was  read  the  second  and  third  time,  and 
referred  to  the  Committee  of  seven. 


JOURNAL  OF  THE  CONVENTION.  93 

The  Article  declaring  that  no  person  who  holds  Office  under  the 
United  States,  shall  hold  Office  under  this  State,  was  taken  up,  and 
considered. 

On  motion  of  Mr.  Daniel,  the  Article  was  amended  by  striking 
out  the  words  "  the  appointment  of." 

On  motion  of  Mr.  Gaither,  the  Article  was  further  amended  by 
striking  out  the  words  "  or  under  any  of  the  said  States,  or  under 
any  foreign,"  and  inserting  in  lieu  thereof,  "this  State,  or  any 
other  State  or."  Also,  by  inserting  after  the  words  l  exercise  any,* 
the  word  <  other.' 

The  Article  was  read  the  third  time,  and  referred  to  the  Commit- 
tee of  seven. 

The  Article  relating  to  biennial  sessions  of  the  General  Assembly 
and  the  election  of  Secretary,  Treasurer,  Comptroller  and  Council 
of  State,  was  taken  up  for  its  second  reading. 

On  motion  of  Mr.  Daniel,  the  Article  was  amended  by  striking 
out  the  word  "Comptroller." 

The  Article  as  amended  was  read  the  second  and  third  time,  and 
referred  to  the  Committee  of  seven. 

The  Convention  took  up  for  its  second  reading  the,  Ordinance  re- 
ported by  the  Committee. 

On  motion  of  Mr.  Fisher,  the  first  blank  was  filled  with  the  word 
"thirty:" 

On  motion  of  Mr.  Halsey,  the  second  blank  was  filled  with  the 
word  "three." 

On  motion  of  Mr.  Fisher,  the  Ordinance  was  amended  by  striking 
out  the  word  "being"  and  inserting  w  having  been." 

On  motion  of  Mr.  Fisher,  the  second  section  was  amended  by  strik- 
ing out  "qualified  voters  of  the  House  of  Commons."  and  inserting 
in  lieu  thereof  "votes  polled." 

On  motion  of  Mr.  Gaston  of  Craven,  the  same  section  was  fur- 
ther amended  by  striking  out  all  of  the  section  after  the  words 
"And  thereupon,"  and  inserting  in  lieu  thereof  as  follows: 

The  Governor  shall  cause  to  be  endorsed  on  the  amendments  as 
enrolled  by  order  of  the  Convention,  or  shall  annex  thereunto  a  cer- 
tificate under  his  signature,  declaring  that  the  said  amendments  have 
been  ratified  by  the  people  of  North  Carolina,  and  the  Secretary  of 
State  shall  countersign  the  said  certificate  and  annex  thereto  the 
Great  Seal  of  State;  and  the  said  amendments  so  enrolled,  with  the 
certificate  aforesaid,  shall  be  forever  kept  among  the  archives  of  the 
State,  in  the  office  of  the  Secretary  aforesaid. 

On  motion  of  Mr.  Meares,  the  blanks  in  the  third  section  were 
filled  as  follows,  viz:  "1st  January,  1836." 

On  motion  of  Mr.  Gaston  of  Craven,  the  third  section  was  amend- 
ed by  striking  out  all  of  said  section  after  the  word  "Governor," 
and  inserting  in  lieu  thereof  "the  Council  of  State,  the  Secretary  of 
State,  and  the  Public  Treasurer,  who  may  then  be  in  office,  shall 


91  JOURNAL    OF    THE    CONVENTION. 

severally  continue  to  exercise  their  respective  functions  until  the  Go- 
vernor, Council  of  States  Secretary  of  State,  and  Public  Treasurer* 
appointed  under  the  amended  Constitution,  shall  enter  upon  the  du- 
ties of  their  office. 

On  motion  of  Mr.  Gaston  of  Craven,  the  last  section  was  stricken 
out. 

The  Ordinance  as  amended  was  read  ;  and  on  the  question  that 
it  pass  to  its  third  reading,  it  was  determined  in  the  affirmative. 

The  Convention  proceeded  to  consider  the  Report  upon  circulating 
the  proceedings  of  the  Convention. 

Mr.  Fisher  submitted  the  following  Resolutions  as  a  substitute  for 
the  Report: 

Resolved,  That  two  hundred  and  seventy-five  copies  of  the  Journal  of  the 
Convention  be  printed,  to  be  distributed  as  follows,  viz:  one  copy  to  the 
Executive  Department  of  the  United  States,  and  of  the  several  States;  one 
copy  to  be  deposited  in  the  office  of  the  Clerk  of  the  County  Court  of  each 
county  in  this  State,*  one  copy  to  each  member  of  this  Convention,  and  fifty 
copies  to  be  deposited  in  the  Public  Library,  the  Library  of  the  University, 
and  the  Offices  of  Heads  of  Departments,  in  such  proportions  as  may  be  di- 
rected by  the  Governor  of  this  State. 

Resolved,  That  there  be  printed  one  hundred  and  twenty-five  copies  of 
the  Constitution  and  the  amendments  adopted  by  the  Convention,  to  be 
distributed  under  the  direction  of  the  Governor,  for  each  county  entitled  to 
one  member  in  the  House  of  Commons,  and  in  like  proportion  for  counties 
entitled  to  a  greater  number  of  Representatives,  and  one  hundred  and  tWen- 
ty-five  copies  for  each  Senatorial  District,  making  the  aggregate  number  of 
twenty-one  thousand  two  hundred  and  fifty. 

On  motion  of  Mr.  Jlalsey,  the  second  Resolution  was  amended  by 
inserting  after  the  Word  "District,"  the  words  ••and  one  copy  to 
be  deposited  in  the  office  of  the  Clerk  of  the  County  Court  of  each 
county." 

The  Resolutions  Were  read  as  amended,  and  adopted. 

The  Convention  proceeded  to  consider  the  Report  of  the  Commit- 
tee setting  forth  that  it  is  inexpedient  to  amend  the  Constitution  so 
as  to  provide  that  no  Judge  of  the  Supreme  Court  shall  be  eligible 
to  any  office,  nor  any  Judge  of  the  Superior  Court  to  any  other  of- 
fice than  that  of  Judge  of  the  Supreme  Court,  while  retaining  his 
Judicial  appointment. 

And  on  the  question  of  concurring  in  the  Report,  it  was  determined 
in  the  affirmative. 

The  Ordinance  was  taken  up  for  its  third  reading. 

Mr.  King  moved  to  amend  the  Ordinance  by  striking  out  "three" 
and  inserting  "two." 

And  the  question  being  had  thereon,  it  was  determined  in  the  ne- 
gative. 

The  Ordinance  was  then  read  the  third  time,  and  referred  to  the 
Committee  of  seven. 

Mr.  Swain  submitted  the  following  Article: 


JOURNAL    OF    THli    CONVENTION.  95 

That  the  General  Assembly  shall  meet  biennially  until  the  year 
1842,  and  either  annually  or  biennially  thereafter,   as  the  General 
Assembly,  which  will  be  held  in  that  year,  may  determine. 
The  said  Article  was  read  the  first  time. 

Mr.  Gaston  of  Craven,  from  the  Committee  who  were  appointed 
to  examine,  correct  and  classify  the  several  amendments  passed  by 
the  Convention,  reported  the  same,  as  follows: 

Whereas  the  General  Assembly  of  North-Carolina,  by  an  act, 
passed  the  sixtli  day  of  January,  one  thousand  eight  hundred  and 
thirty-five,  entitled  "  an  act  concerning  a  Convention  to  amend  the 
Constitution  of  the  State,"  and  by  an  act,  supplemental  thereto,  pass- 
ed on  the  eighth  day  of  January,  one  thousand  eight  hundred  and 
thirty-five,  did  direct  that  polls  should  be  opened  in  every  election 
precinct  throughout  the  State,  for  the  purpose  of  ascertaining  wheth- 
er it  was  the  will  of  the  freemen  of  North-Carolina,  that  there  should 
be  a  Convention  of  Delegates,  to  consider  of  certain  amendments 
proposed  to  be  made  in  the  Constitution  of  said  State ;  and  did  fur- 
ther direct  that,  if  a  majority  of  all  the  votes  polled  by  the  freemen 
of  North-Carolina  should  be  in  favor  of  holding  such  Convention, 
the  Governor  should,  by  proclamation,  announce  the  fact,  and  there- 
upon, the  freemen  aforesaid  should  elect  delegates  to  meet  in  Con- 
vention at  the  city  of  Raleigh,  on  the  first  Thursday  in  June,  one  thous- 
and eight  hundred  and  thirty-five,  to  consider  of  the  said  amend- 
ments: And  whereas,  a  majority  of  the  freemen  of  North-Carolina 
did,  by  their  votes,  at  the  polls  so  opened,  declare  their  will  that  a 
Convention  should  be  had,  to  consider  of  the  amendments  proposed, 
and  the  Governor  did,  by  proclamation,  announce  the  fact  that  their 
will  had  been  so  declared,  and  an  election  for  delegates  to  meet  in 
Convention  as  aforesaid,  was  accordingly  had:  Now  therefore,  we, 
the  Delegates  of  the  good  people  of  North-Carolina,  having  assem- 
bled in  Convention,  at  the  city  of  Raleigh,  on  the  first  Thursday 
in  June,  one  thousand  eight  hundred  and  thirty-five,  and  having  con- 
tinued in  session,  from  day  to  day,  until  the  eleventh  of  July;  one 
thousand  eight  hundred  and  thirty-five,  for  the  more  deliberate  con- 
sideration of  said  amendments,  do  now  submit  to  the  determination 
of  all  the  qualified  voters  of  the  State,  the  following  amendments  in 
£he  Constitution  thereof,  that  is  to  say: 

ARTICLE  I. 

SECTION    1. 

§  1.  The  Senate  of  this  State  shall  consist  of  fifty  Representa- 
tives, biennially  chosen  by  ballot,  and  to  be  elected  by  districts  ; 
which  districts  shall  belaid  off  by  the  General  Assembly,  at  its  first 
session  after  the  year  one  thousand  eight  hundred  and  forty-one  ; 
and  afterwards,  at  its  first  session  after  the  year  one  thousand  eight 
hundred  and  fifty-one;  and  then  every  twenty  years  thereafter,  in 
proportion  to  the  public  taxes  paid  into  the  Treasury  of  the  State, 

■r 

V 


96  JOURNAL  OF  THE  CONVENTION. 

by  the  citizens  thereof;  and  the  average  of  the  public  taxes 
paid  by  each  county  into  the  Treasury  of  the  State,  for  the  five 
years  preceding  the  laying  off  of  the  districts,  shall  be  considered  as 
its  proportion  of  the  public  taxes,  and  constitute  the  basis  of  appor- 
tionment: Provided,  That  no  county  shall  be  divided  in  the  forma- 
tion of  a  Senatorial  district.  And  when  there  are  one  or  more 
counties  having  an  excess  of  taxation  above  the  ratio  to  form  a  Se- 
natorial district,  adjoining  a  county  or  counties  deficient  in  such  ra- 
tio, .the  excess  or  excesses  aforesaid  shall  be  added  to  the  taxation 
of  the  county  or  counties  deficient,  and  if,  with  such  addition,  the 
county  or  counties  receiving  it,  shall  have  the  requisite  ratio,  such 
county  and  counties  each,  shall  constitute  a  Senatorial  district. 

§  2.  The  House  of  Commons  shall  be  composed  of  one  hundred 
and  twenty  representatives,  biennially  chosen  by  ballot,  to  be  elect- 
ed by  counties  according  to  their  federal  population,  that  is,  accord- 
ing to  their  respective  numbers,  which  shall  be  determined  by  add- 
ing to  the  whole  number  of  free  persons,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three 
fifths  of  all  other  persons,  and  each  county  shall  have  at  least  one 
member  in  the  House  of  Commons,  although  it  may  not  contain  the 
requisite  ratio  of  population. 

§  3.  This  apportionment  shall  be  made  by  the  General  Assem- 
bly, at  the  respective  times  and  periods  when  the  districts  for  the  Se- 
nate are  hereinbefore  directed  to  be  laid  off;  and  the  said  appor- 
tionment shall  be  made  according  to  an  enumeration  to  be  ordereu 
by  the  General  Assembly,  or  according  to  the  census  which  may  be 
taken  by  order  of  Congress,  next  preceding  the  period  of  making 
such  apportionment. 

§  4.  In  making  the  apportionment  in  the  House  of  Commons, 
the  ratio  of  representation  shall  be  ascertained  by  dividing  the 
amount  of  Federal  population  in  the  State,  after  deducting  that  com- 
prehended within  those  counties  which  do  not  severally  contain  the 
one  hundred  and  twentieth  part  of  the  entire  Federal  population 
aforesaid,  by  the  number  of  Representatives  less  than  the  number 
assigned  to  the  said  counties.  To  each  county  containing  the  said 
ratio,  and  not  twice  the  said  ratio,  there  shall  be  assigned  one 
Representative;  to  each  county  containing  twice,  but  not  three 
times  the  said  ratio,  there  shall  be  assigned  two  Representatives, 
and  so  on  progressively,  and  then  the  remaining  Representatives 
shall  be  assigned  severally  to  the  counties  having  the  largest  frac- 
tions. 

section  2. 

§  1.  Until  the  first  session  of  the  General  Assembly,  which  shall 
be  had  after  the  year  eighteen  hundred  and  forty-one,  the  Senate 
shall  be  composed  of  members  to  be  elected  from  the  several  districts 
hereinafter  named,  that  is  to  say,  the  1st  district  shall  consist  of 
the  counties  of  Perquimons  and  Pasquotank ;  the  2d  district,  of 
Camden  and  Currituck ;  the  3d  district,  Gates  and  Chowan;  the 


JOURNAL  OF  THE  CONVENTION.  97 

4th  district,  Washington  and  Tyrrell ;  the  5th  district,  Northamp- 
ton ;  the  6th  district,  Hertford  ;  the  7th  district,  Bertie;  the  8th 
district,  Martin  ;  the  9th  district,  Halifax;  the  10th  district,  Nash; 
the  11th  district,  Wake;  the  12th  district,  Franklin;  the  13th  dis- 
trict, Johnston ;  the  14th  district,  Warren;  the  15th  district,  Edge- 
comb  ;  the  16th  district,  Wayne;  the  17th  district,  Greene  and  Le- 
noir; the  18th  district,  Pitt;  the  19th  district,  Beaufort  and  Hyde; 
the  20th  district,  Carteret  and  Jones;  the  21st  district,  Craven; 
the  22d  district,  Chatham  ;  the  23d  district,  Granville;  the  24th 
district,  Person  ;  the  25th  district,  Cumberland  ;  the  26th  district, 
Sampson  ;  the  27th  district,  New-Hanover;  the  28th  district,  Du- 
plin; the  29th  district,  Onslow;  the  30th  district,  Brunswick,  Bla- 
den, and  Columbus;  31st  district,  Robeson  and  Richmond;  the  32d 
district,  Anson ;  the  33d  district,  Cabarrus;  the  34th  district, 
Moore  and  Montgomery;  the  35th  district,  Caswell;  t'ic  36th  dis- 
trict, Rockingham  ;  the  37th  district,  Orange;  the  *8th  district, 
Randolph;  the  39th  district,  Guilford;  the  40th  dis/rict,  Stokes; 
the  41st  district,  Rowan  ;  the  42d  district,  Davidso/;  the  43d  dis- 
trict, Surry;  the  44th  district,  Wilkes  and  Ashe;  1le  45th  district, 
Burke  and  Yancy;  the  46th  district,  Lincoln;  tfa  47th  district, 
Iredell ;  the  48th  district,  Rutherford;  the 49th  d^trict,  Buncombe, 
Haywood  and  Macon;  the  50th  district,  Meckh«hurg: — each  dis 
trict  to  be  entitled  to  one  Senator.  / 

§  2.  Until  the  first  session  of  the  General,/ Assembly  after  the 
year  eighteen  hundred  and  forty-one,  the  House  of  Commons  shall 
be  composed  of  members  elected  from  the  co/^ties  in  the  following 
manner,  viz:  The  counties  of  Lincoln  and  Grange  shall  elect  four 
members  each.  The  counties  of  Burke,  Oiatham,  Granville,  Guil- 
ford, Halifax,  Iredell,  Mecklenburg,  R/wan,  Rutherford,  Surry, 
Stokes,  and  Wake  shall  elect  three  members  each.  The  counties 
of  Anson,  Beaufort,  Bertie,  Buncombe/Cumberland,  Craven,  Cas- 
well, Davidson,  Duplin,  Edgecomb,  Jiranklin,  Johnston,  Montgom- 
ery, New-Hanover,  Northampton,  Person,  Pitt,  Randolph,  Robe- 
son, Richmond,  Rockingham,  Sa/ipson,  Warren,  Wayne,  and 
Wilkes  shall  elect  two  members  ea/h.  The  counties  of  Ashe,  Bla- 
den, Brunswick,  Camden,  Colum/us,  Chowan,  Currituck,  Carteret, 
Cabarrus,  Gates,  Greene,  Haywood,  Hertford,  Hyde,  Jones,  Le- 
noir, Macon,  Moore,  Martin,  JVash,  Onslow,  Pasquotank,  Perqui- 
mons,  Tyrrell,  Washington  a/id  Yancy  shall  elect  one  member 
each. 

SECTION"   3. 

§  1.  Each  member  of  the  Senate  shall  have  usually  resided  in 
the  district  for  which  he  is  chosen  for  one  year  immediately  prece- 
ding his  election,  and  for  the  same  time  shall  have  possessed  and 
continue  to  possess  in  the  district  which  he  represents,  not  less  than 
three  hundred  acres  of  land  in  fee. 

§  2.  All  free  men  of  the  age  of  twenty-one  years,  (except  as  is 
hereinafter  declared)  who  have  been  inhabitants  of  any  one  district 
13 


98  JOURNAL  OF  THE  CONVENTION. 

within  the  State  twelve  months  immediately  preceding  the  day  of  any 
election,  and  possessed  of  a  freehold  within  the  same  district  of  fif- 
ty acres  of  land,  for  six  months  next  before  and  at  the  day  of  elec- 
tion, sliall  he  entitled  to  vote  for  a  member  of  the  Senate. 

§  3.  No  free  negro,  free  mulatto,  or  free  person  of  mixed  blood, 
descended  from  negro  ancestors  to  the  fourth  generation  inclusive, 
(though  one  ancestor  of  each  generation  may  have  been  a  white  per- 
son,) shall  vote  for  members  of  the  Senate  or  House  of  Commons. 

SECTION   4. 

§  1.  In  the  election  of  all  officers,  whose  appointment  is  confer- 
red on  the  General  Assembly  by  the  Constitution,  the  vote  shall  be 
viva  voce.      \ 

§  2.  The  General  Assembly  shall  have  power  to  pass  laws  re- 
gulating tht  mode  of  appointing  and  removing  Militia  Officers. 

§  3.  Tin  General  Assembly  shall  have  power  to  pass  general 
laws  regulating  divorce  and  alimony,  but  shall  not  have  power  to 
grant  a  divorce  or  secure  alimony  in  any  individual  case. 

§  4.  The  General  Assembly  shall  not  have  power  to  pass  any 
private  law,  to  alter  the  name  of  any  person,  or  to  legitimate  any 
persons  not  boriiin  lawful  wedlock,  or  to  restore  to  the  rights  of 
citizenship  any  p>rson  convicted  of  an  infamous  crime;  but  shall 
have  power  to  pasi  general  laws  regulating  the  same. 

§  5.  The  Genei-U  Assembly  shall  not  pass  any  private  law,  un- 
less it  shall  be  madtto  appear  that  thirty  days  notice  of  application 
to  pass  such  law  shal  have  been  given,  under  such  directions  and 
in  such  manner  as  shrtl  be  provided  by  law. 

§  6.  If  vacancies  slall  occur  by  death,  resignation  or  otherwise, 
before  the  meeting  of  the  General  Assembly,  writs  may  be  issued  by 
the  Governor,  under  suchregulations  as  maybe  prescribed  by  law. 

§  7.  The  General  Assembly  shall  meet  biennially,  and  at  each 
biennial  session  shall  elect,  ky  joint  vote  of  the  two  Houses,  a  Se- 
cretary of  State,  Treasurer  aul  Council  of  State,  who  shall  con- 
tinue in  office  for  the  term  of  tyo  years. 

— "  »*@  ©«•••-» 

ARTICLE  II. 

§  1.  The  Governor  shall  be  ch^en  by  the  qualified  voters  for 
the  members  of  the  House  of  Commons,  at  such  time  and  places  as 
members  of  the  General  xlssembly  are  elected. 

§  2.  He  shall  hold  his  office  for  the  term  i»C  two  years  from  the 
time  of  his  installation,  and  until  another  shall  be  elected  and  quali- 
fied ;  but  he  shall  not  be  eligible  more  than  four  years  in  any  term 
of  six  years. 

§  3.  The  returns  of  every  election  for  Governor  shall  be  sealed 
up  and  transmitted  to  the  Seat  of  Government,  by  the  returning 
officers,  directed  to  the  Speaker  of  the  Senate,  who  shall  open  and 
publish  them  in  the  presence  of  a  majority  of  the  members  of  both. 


JOUKNAL    OF    THE    CONVENTION'.  99 

Houses  of  the  Genera!  Assembly.  The  person  having  (|IC  highest 
number  of  votes  shall  be  Governor;  but  if  two  op  more  shall  be 
equal  and  highest  in  votes,  one  of  them  shall  be  chosen  Governor 
by  joint  vote  of  both  Houses  of  the  General  Assembly. 

§  4.  Contested  elections  for  Governor  shall  be  determined  by 
both  Houses  of  the  General  Assembly,  in  such  manner  as  shall  be 
prescribed  by  Jaw. 

$_&.  The  Governor  elect  shall  enter  on  the  duties  of  the  office 
on  the  first  day  of  January  next  after  his  election,  having  peevious- 
y  taken  the  oaths  of  office  in  the  presence  of  the  members  of  both, 
branches  of  the  General  Assembly,  or  before  the  Chief-Justice  of 
the  Supreme  Court,  who,  in  case  the  Governor  elect  should  be  pre- 
vented  from  attendance  before  the  General  Assembly,  by  sickness, 
or  other  unavoidable  cause,  is  authorised  to  administer  the  same. 


ARTICLE  III. 

SECTION    1. 


$  1.  The  Governor,  Judges  of  the  Supreme  Court,  and  Judges 
ot  the  Superior  Courts,  and  all  other  officers  of  this  State,  fexcSut 
Justices  of  the  Peace  and  Militia  Officers,)  may  be  impeached  fir 
wilfully  violating  any  Article  of  the  Constitution,  mal-administra- 
tion  or  corruption. 

§  2.  Judgment,  in  cases  of  Impeachment,  shall  not  extend'  fur- 
ther than  to  removal  from  office  and  disqualification  to  hold  and  en- 
joy  any  office  of  honor,  trust  or  profit  under  this  State  ;  but  the  par- 
ty convicted  may  nevertheless  be  liable  to  indictment,  trial,  f  de- 
ment and  punishment  according  to  law. 

§  3.     The  House  of  Commons  shall  have,  the  sole  power  of  im- 
peachment.    The  Senate  shall  have  the  sole  power  toTy  all    m- 
peachments    No  person  shall  be  convicted  upon  any  impeachment 
unless  two-thirds  of  the  Senators  present  shall  concur Tsnc hTa 

thfsen;at?,b:n,'r,et,'ia,0f,a,,y  *****»*.  the  members  of 
the  Senate  sha  1  take  an  oath  or  affirmation  truly  and  impar- 
tially to  try  and  determine  the  charge  in  question,  according  toe! 

SECTION   2. 

§  1 .     Any  Judge  of  the  Supreme  Court,  or  of  the  Superior  Courts, 
toay  be  removed  from  office  for  mental  or  physical  ii  S  Hty    uwn 

Sft^S^l^J  irdg8i  aga'nSt  w,,om  the  LegisIaturo  may  be 
bout  to  proceed,  shall  receive  notice  thereof,  accompanied  by  a  copy 
f  the  causes  alleged  for  his  removal,  at  least  twenty  days  Se 

g&j  on  which  either  branch  of  the  General  Asselly  ?hall  act 


100  JOURNAL  OF  THE  CONVENTION. 

§  2.  The  Salaries  of  the  Judges  of  the  Supreme  Court,  or  of  the 
Superior  Courts,  shall  not  be  diminished  during  their  continuance 
in  office. 

section  3« 

Upon  the  conviction  of  any  Justice  of  tlie  Peace,  of  any  infamous 
crime,  or  of  corruption  and  mal-practicc  in  office,  the  commission  of 
such  Justice  shall  be  thereby  vacated,  and  he  shall  be  forever  dis- 
qualified from  holding  such  appointment. 

section  4. 
The  General  Assembly,  at  its  first  session  after  the  year  one 
thottsawi  eight  hundred  and  thirty-nine,  and  from  time  to  time 
thereafter,  shall  appoint  an  Attorney  General,  who  shall  be  com- 
missioned by  the  Governor,  and  shall  hold  his  office  for  the  term  of 
four  years  ;  but  if  the  General  Assembly  should  hereafter  extend 
the  term  during  which  Solicitors  of  the  State  shall  hold  their  offices, 
then  they  shall  have  power  to  extend  the  term  of  office  of  the  Attor- 
ney General  to  the  same  period. 

—'«>*  ©  &<«.— 
ARTICLE  IV. 

SECTION    1. 

§  1.  No  Convention  of  the  People  shall  he  called  by  the  General 
Assembly,  unless  by  the  concurrence  of  two-thirds  of  all  the  mem- 
bers of  each  House  of  the  General  Assembly. 

§  2.  No  part  of  the  Constitution  of  this  State  shall  be  altered, 
unless  a  Bill  to  alter  the  same  shall  have  been  read  three  times  in 
each  House  of  the  General  Assembly,  and  agreed  to  by  three-fifths 
of  the  whole  number  of  members  of  each  House  respectively;  nor 
shall  any  alteration  take  place  until  the  bill  so  agreed  to  shall  have 
been  published  six  months  previous  to  a  new  election  of  members  to 
the  General  Assembly.  If.  after  such  publication,  the  alteration 
proposed  by  the  preceding  General  Assembly  shall  be  agreed  to  in 
the  first  session  thereafter,  by  two-thirds  of  the  whole  Represen- 
tation in  each  House  of  the  General  Assembly,  after  the  same  shall 
have  been  read  three  times  on  three  several  days,  in  each  House, 
then  the  said  General  Assembly  shall  prescribe  a  mode  by  which 
the  Amendment  or  Amendments  may  be  submitted  to  the  qualified 
voters  of  the  House  of  Commons  throughout  the  State;  and  if,  upon 
comparing  the  votes  given  in  the  whole  State,  it  shall  appear  that  a 
majority  of  the  voters  have  approved  thereof,  then,  and  not  other- 
wise, the  same  shall  become  a  part  of  the  Constitution, 

section  2. 

The  Thirty-second  Section  of  the  Constitution  shall  be  amended 

to  read  as  follows  :     No  person  who  shall  deny  the  being  of  God,  or 

the  truth  of  the  Christian  Religion,  or  the  divine  authority  of  the  Old 

or  Ncwr  Testament,  or  who  shall  hold  Religious  principles  incompa-^ 


JOURNAL    OF    THE    CONVENTION.  iOt 

tibic  with  the  freedom  or  safety  of  the  State,  shall  be  capable  of 
holding  any  office  or  place  of  trust  or  profit  in  the  Civil  department 
within  this  Slate. 

SECTION"   S. 

§  1.  Capitation  tax  shall  he  equal  throughout  the  Slate,  upon  all 
individuals  subject  to  the  same. 

§  k.  All  free  males  over  the  age  of  twenty-one  years,  and  under 
the  age  of  forty-five  years,  and  all  slaves  over  the  age  of  twelve 
years,  and  under  the  age  of  fifty  years,  shall  besubjectto  capitation 
tax,  and  no  other  person  shall  be  subject  to  such  tax  ;  provided,  that 
nothing  herein  contained  shall  prevent  exemptions  of  taxable  Polls, 
as  heretofore  prescribed  by  law,  in  cases  of  bodily  infirmity. 

section  4. 
No  person  who  shall  hold  any  office  or  place  of  trust  or  profit  un- 
der the  United  States,  or  any  department  thereof,  or  underthis  State, 
or  any  other  State  or  Government,  shall  hold  or  exercise  any  other 
office  or  place  of  trust  or.  profit  under  the  authority  of  this  State,  or 
he  eligible  to  a  scat  in  either  House  of  the  General  Assembly  :  Pro- 
vided, that  nothing  herein  contained  shall  extend  to  Officers  in  the 
Militia  or  Justices  of  the  Peace. 

■ 

The  Amendments  were  read,  and  the  question  being — "  Shall 
they  pass  the  final  reading  and  be  enrolled  ?" 

Mr.  Seawell  moved  that  the  question  be  taken  separately  on  each 
Section. 

The  Chair  decided  that  the  motion  was  not  in  order,  and  that  the 
vote  must  be  taken  on  the  Amendments  as  a  whole,  like  a  Bill  on  its 
final  passage. 

From  this  decision,  Mr.  Seawell  appealed  to  the  Convention. 

And  on  the  question — *'  Is  the  decision  of  the  President  correct?" 
it  was  determined  in  the  affirmative — Yeas  87,  Nays  11. 

The  Yeas  and  Nays  were  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Seawell. 

Those  who  voted  in  the  affirmative  were, 

Messrs.  Andres,  Arlington,  Adams,  Bower,  Bonner,  Baxter,  Brittain, 
Bailey,  Bir.chett,  Brodnax,  Cathey,  Cansler,  Chambers,  Collins,  Daniel, 
D'ockery,  Dobson,  Elliott,  Edwards,  Ferebee,  Fisher,  Faison,  Franklin, 
Gatling,  Gaither,  Graves,  Gaston  {Craven,')  Gilliam,  Guinn,  Grier,  Gaines, 
Gary,  Gray,  Giles,  Giulger,  Hill,  Hall,  Hogan,  Hargrave,  Hussey,  Hug- 
gins,  Howard,  Halsey,  Holmes,  Jervis,  Jones  [Wilkes,)  Jacocks,  King, 
Lea,  Lesueur,  McQueen,  Morris,  McMillan,  Melchor,  McPherson,  Mc- 
Diarmid,  Marohant,  Morehead,  Martin,  Marsteller,  Meares,  Owen,  Parker, 
Pipkin,  Powell  (Robeson)  Ramsay  (Chatharil,)  Ramsay  (Pasquotank,)  Ray- 
ner,  Roulhac,  Swain,  Skinner,  Spaight  {Craven.)  Stallings,  Shipp,  Sher- 
ard,  Smith  (Fancy,)  Toomer,  White,  Wilson  (Edgecomb,)  Wilson  (Per- 
quimons,)  Williams  (Franklin,)  Williams  (Person,)  Welch,  Whitfield, 
Wellborn,  Wilder  and   Young — 87  Yeas. 

Those  who  voted  in  the  negative  were 


<i 


102  JOURNAL  OF  THE  CONVENTION. 

Messrs.  Bunting,  Hutcheson,  Jones  (Wake,)  Kelly,  Montgomery,  Moore, 
Norcom,  Outlaw,  Ruffin,  Seavveli  and  Shober — 11    Nays.^ 

And  the  question  being  on  the  passage  of  the  Amendments  to  be 
enrolled,  it  was  determined  in  the  affirmative — Yeas  81,  Nays  20. 

The  Yeas  and  Nays  Mere  required  by  one  fifth  of  the  members 
present,  on  the  call  of  Mr.  Edwards. 

Those  who  voted  in  the  affirmative,  were 

Messrs.  Arlington,  Adams,  Bower,  Brittain,  Bailey,  Birchett,  Brodnax, 
Cathey,  Cansler,  Chambers,  Carson  (Rutherford,)  Collins,  Daniel,  Dock- 
ery,  Dobson,  Elliott,  Ferebee,  Fisher,  Faison,  Franklin,  Gatling,  Gaither, 
Graves,  Gaston  [Craven,)  Gilliam,  Guinn,  Grier,  Gaines,  Gray,  Giles, 
Gudger,  Hogan,  Hargrave,  Hussey,  Hutcheson,  Halsey,  Holmes,  Jervis, 
Jones  (Wilkes,)  King,  Kelly,  Lea,  Lesueur,  McQueen,  Morris,  McMil- 
lan, Melchor,  McPherson,  McDiarmid,  Marchant,  Morehead,  Martin, 
Marsteller,  Montgomery,  Meares,  Moore,  Outlaw,  Owen,  Parker,  Pow- 
ell {Robeson,)  Ramsay  (Chatham,)  Ramsay  [Pasquotank,)  Roulhac,  Swain, 
Skinner,  Spaight  [Craven,)  Stallings,  Shipp,  Seawell,  Sherard,  Smith  [Tan- 
ey,) Shober,  Troy,  Toomer,  White  Welch,  Wilson  (Pevquimons,)  Willi- 
ams (Person,)  Wellborn,  Wilder  and  Young — 81  Yeas. 

Those  who  voted  in  the  negative,  were 

Messrs.  Bonner,  Baxter,  Bunting,  Cooper,  Calvert,  Edwards,  Gary, 
Hall,  Huggins,  Howard,  Jones  [Wake,)  Jacocks,  Macon,  Norcom,  Pipkin, 
Ruffin,  Rayner,  Wilson  (Edgecomb,)  Whitfield,  and  Williams  (Franklin,) 

—20  Nays. 

Mr.  Andres  was,  on  his  motion,  excused  from  voting  on  this  ques- 
tion. • 

Mr.  Gaston,  of  Craven,  introduced  the  following  Resolutions  : 

Resolved,  That  the  Secretaries  and  Door-keepers  of  this  Convention  be 
allowed  the  same  compensation  which  is  paid  by  the  General  Assembly  to 
the  officers  who  render  similar  services  to  that  body. 

Resolved,  That  a  Committee  of  three  be  appointed,  who  shall,  after  the 
adjournment  of  the  Convention,  audit  and  certify  to  the  Governor  all  other 
claims  on  account  of  the  contingent  expenses  ot  the  Convention. 

These  Resolutions  were  read,  and  severally  adopted. 

Messrs.  Gaston,  of  Craven,  Daniel  and  Seawell  compose  the  Com- 
mittee raised  on  the  second  Resolution. 

And,  on  motion,  the  Convention  adjourned. 


SATURDAY,   JULY  11,    1835. 

The  Convention  met,  pursuant  to  adjournment-.     Prayer  by  the 
Rev.  Dr.  McPheeters. 


JOURNAL  OF  THE  CONVENTION.  103 

On  motion  of  Mr.  Gary,  the  Convention  proceeded  to  consider 
the  following  Resolutions  : 

Resolved,  That  this  Convention  tender  their  thanks  to  the  Authorities  of 
the  Presbyterian  and  Methodist  Churches — the  former  for  the  use,  and  the 
latter  for  the  offer  of  their  Church  for  the  sittings  of  this  Convention. 

Resolved  further*  That  the  Members  of  this  Convention,  present  their 
thanks  to  the  Rev.  Dr.  McPheeters  and  the  Rev.  Mr.  Jamieson,  for  their 
services,  as  Chaplains  to  this  Convention. 

Mr.  Gary  submitted  the  following  additional  Resolution  : 

Resolved,  further,  That  the  Rev.  Dr.  McPheeters  be  requested  to  fur- 
nish a  copy  of  his  Prayer  offered  upon  this  day,  and  that  die  Secretary  cause 
the  same  to  be  entered  on  the  Journals  of  this  Convention. 

On  motion  of  Mr.  Carson,  of  Burke,  the  second  Resolution  was 
amended  by  adding  thereto  : — "  And  that  they  be  requested  to  ac- 
cept Fifty  dollars  each,  for  their  attention  as  Chaplains. " 

The  Resolutions  were  read  as  amended,  and  the  question  being  ta- 
ken on  their  adoption,  it  was  determined  in  the  affirmative. 

Mr.  Gaston,  of  Craven,  from  the  Committee  of  seven,  reported  the 
following  Ordinance  for  its  final  reading  : 

To  carry  into  effect  the  Amended  Constitution. 

Be  it  ordained  and  declared,  by  the  Delegates  to  this  Convention,,  in 
Convention  assembled,  and  it  is  hereby  ordained  by  the  authority  of  the 
same,  That  the  Amendments  to  the  Constitution  of  this  State,  adopt- 
ed by  this  Convention,  be  submitted  by  the  Governor  to  the  people, 
on  the  second  Monday  in  November  next,  thirty  days  notice  having 
been  given  ;  and  that  the  polls  be  opened  by  the  respective  Sheriffs, 
and  kept  open  for  three  successive  days,  at  the  several  election  pre- 
cincts in  each  and  every  county  in  the  State,  under  the  same  rules  and 
regulations  as  now  exist,  for  the  election  of  Members  to  the  General 
Assembly.  That  the  said  Sheriffs  be  required  to  compare  and  certify 
the  results  of  the  elections,  on  or  before  the  Monday  following,  and 
transmit  the  same  in  twenty  days  thereafter,  to  the  Governor  of  the 
State.  That  all  persons  qualified  to  vote  for  members  of  the  House 
of  Commons,  may  vote  for  or  against  a  ratification  of  the  Amend- 
ments. Those  who  wish  a  ratification  of  the  Amendments,  voting 
with  a  printed  or  written  Ticket,  "Ratification" — those  of  a  contrary 
opinion,  "Rejection." 

Further,  That  it  shall  be  the  duty  of  the  Sheriffs  to  make  dupli- 
cate statements  of  the  polls  in  their  respective  counties,  sworn  to  be- 
fore the  Clerk  of  the  County  Court ;  one  copy  of  which  shall  be  de- 
posited in  said  Clerk's  Office,  and  the  other  copy  transmitted  to  the 
Governor  of  the  State,  at  Raleigh. 

Be  it  further  ordained  ly  the  authority  of  the  same,  That  when  the 
returns  aforesaid  shall  have  been  received,  the  same  shall  be  opened 
by  the  Governor  in  the  presence  of  the  Secretary  of  State  and  Trea- 


101  JOURNAL    OF    THE    CONVENTION. 

surer;  and  in  case  a  majority  of  the  votes  polled  shall  be  in  favor  of 
a  ratification  of  the  Amendments,  the  same  shall  he  forthwith  made 
known  by  a  Proclamation  of  the  Governor  to  the  People  of  the  State. 
And  thereupon,  the  Governor  shall  cause  to  be  endorsed  on  the  A-  * 
mendments,  as  enrolled  by  order  of  the  Convention,  or  shall  annex  j 
thereunto  a  certificate  under  his  signature,  declaring  that  the  said 
Amendments  have  been  ratified  by  the  people  of  North-Carolina, 
and  the  Secretary  of  State  shall  countersign  the  said  certificate  and 
annex  thereto  the  Great  Seal  of  the  State,  and  the  said  Amendments 
so  enrolled  with  the  certificate  aforesaid  shall  be  forever  kept  among 
the  archives  of  the  State,  in  the  Office  of  the  Secretary  aforesaid. 

Be  it  further  ordained  by  the  authority  aforesaid,  That  the  Amend- 
ments thus  ratified  shall  take  effect,  and  be  in  force,  from  and  after 
the  first  day  of  January,  A.  D.  one  thousand  eight  hundred  and  thir- 
ty-six :  Provided,  however,  that  the  Governor,  the  Council  of  State, 
the  Secretary  of  State  and  the  Public  Treasurer,  who  may  then  be 
In  office,  shall  severally  continue  to  exercise  their  respective  func- 
tions, until  the  Governor,  Council  of  State,  Secretary  of  State  and 
Public  Treasurer,  appointed  under  the  amended  Constitution,  shall 
enter  upon  the  duties  of  their  office. 

The  Ordinance  was  read,  and,  on  the  question  that  it  pass  its  final 
reading  and  be  signed  by  the  President  and  Secretaries,  it  was  de- 
termined in  the  affirmative. 

Mr.  Gaston*  of  Craven,  called  up  the  following  Resolution  intro- 
duced by  him  on  yesterday. 

Resolved,  That  the  thanks  of  this  Convention  are  due,  and  are  hereby 
respectfully  and  affectionately  tendered  to  the  Hon.  Nathaniel  Macon, 
their  venerable  President,  for  the  distinguished  ability,  dignity  and  impar- 
tiality, with  which  he  has  discharged  the  duties  of  his  station. 

On  the  motion  of  Mr.  Carson,  of  Burke,  the  members  voted  stand- 
ing, and  the  Resolution  was  unanimously  adopted. 

Whereupon,  the  President  addressed  the  Convention  as  follows  : 

Gentlemen  : — The  merits  which  you  have  ascribed  tome,  in  the  per- 
formance of  my  duty  in  the  Chair,  belong  to  you.  I  have  been  for  a  long 
time  engaged  in  public  business  ;  and,  though  no  one  will  charge  me  with 
being  a  flatterer,  I  must  say,  that  I  have  never  witnessed  so  much  good  or- 
der and  decorum  of  conduct  in  any  public  body  with  which  I  have  been 
connected.  When  I  entered  upon  the  important  duties  to  which  the  Con- 
vention in  their  kindness  called  me,  I  was  fearful  that  I  should  not  have 
been  able  to  discharge  them  with  any  satisfaction  to  myself  or  to  the  Con- 
vention, nor  should  I,  without  your  attentive  aid  and  assistance.  To  you, 
therefore,  my  thanks  are  due  for  all  your  kindness. 

This,  I  expect,  will  be  the  last  scene  of  my  public  life.  We  are  about 
to  separate;  and  it  is  my  fervent  prayer,  that  you  may  each  of  you  reach 
home  in  safety,  and  have  a  happy  meeting  with  your  family  and  friends, 
and  that  your  clays  may  be  long,  honorable  and  happy. 

While  my  life  is  spared,  if  any  of  you  should  pass  through  the  county  in 
which  I  live,  I  shall  be  glad  to  see  you. 


JOURNAL  OF  THE  CONVENTION.  405 

The  Ordinance  and  the  Amendments  to  the  Constitution  were 
then  signed  by  the  President  and  Secretaries. 

And  on  motion  of  Mr.  Gaston,  of  Craven,  the  Convention  adjourn- 
ed, sine  die. 

Teste.  EDMUND  B.  FREEMAN, 

Secretary  of  the  Convention. 


■  JMOOJi 


CoiicludiBig  Prayer. 

Almighty  and  most  mehciful  God! — the  Creator  of  the  Heavens  and 
of  the  Earth,  and  the  Ruler  of  all  worlds! 

In  the  name  of  Jesus  Christ,  thy  Son,  we  desire  to  draw  nigh  unto 
thee. 

Thou  art  our  preserver  and  kind  benefactor.  From  the  cradle  to  the 
present  moment,  we  have  shared  largely  in  thy  goodness  and  Providential 
care.  Thou  hast  given  us  our  health  and  friends  and  all  our  earthly  com- 
forts. 

But  we  thank  thee,  Oh!  Lord,  especially,  for  the  Gospel  of  the  grace  of 
God,  in  which  thou  hast  spread  before  us  the  provisions  of  infinite  mercy. 
We  are  sinners,  and  need  forgiveness — we  are  depraved,  and  need  to  be 
.  renewed  in  the  spirit  of  our  mind. 

Oh !  grant  unto  us  repentance  unto  life,  and  faith  in  our  Lord  Jesus 
Christ.  ;. 

For  his  sake,  blot  out  all  our  iniquities*— incline  us  to  obey  all  thy  com- 
mandments, and  prepare  us,  by  the  sanctifying  influences  of  thy  Holy 
Spirit,  for  a  happy  immortality  beyond  the  grave. 

Remember,  Oh!  Lord,  in  mercy,  the  whole  family  of  man.  Send  forth 
thy  light  and  thy  truth.  Dispel  the  dark  clouds  of  Idolatry,  Infidelity  and 
Superstition,  which  have  so  long  enveloped  the  nations. 

May  the  reign  of  ignorance  and  error  and  tyranny  cease  forever;  and  es- 
tablish thou  thy  kingdom  of  grace  and  righteousness  in  the  hearts  of  the 
children  of  men. 

Send  joy  and  peace  to  all  the  nations  of  the  earth.  Say  to  the  devouring 
sword — It  is  enough;  and  over-rule  all  changes  in  the  Kingdoms  of  the 
world,  for  the  promotion  of  human  happiness,  and  the  universal  triumphs  of 
the  Gospel  of  Christ. 

Continue,  Oh!  Lord,  to  our  highly-favored,  but  ungrateful  land,  its  ines- 
timable privileges.  Forgive  the  sins  of  the  people,  and  give  unto  us  Rulers 
who  shall  rule  in  the  fear  of  the  Lord. 
Preserve  us  from  civil  discord,  and  from  all  public  and  private  calamities. 
Be  thou  our  strong  Tower  and  the  Rock  of  our  defence.  Appoint  unto 
us  salvation  for  walls  and  for  bulwarks;  and  under  the  shadow  of  thy  wings 
may  we  take  refuge  in  time  of  trouble. 

Graciously  bless  our  Chief  Magistrate,  and  all  in  authority.  Direct 
those  who  are  employed  in  Public  Affairs,  to  the  adoption  of  such  measures 
as  shall  tend  to  promote  thy  glory  and  the  best  interests  of  the  community; 
and  give  unto  them  wisdom  and  honesty,  to  serve  their  generation  accord- 
ing to  the  will  of  God. 


106         JOURNAL  OF  THE  CONVENTION. 

We  thank  thee,Oh!  Lord,  for  thy  providential  care  over  all  the  members, 
of  this  body,  and  for  the  high  degree  of  order  and  harmony  which  has  char- 
acterised the  occasion. 

Forgive  whatever  has  been  said  or  done  amiss,  and  follow  with  thy  bless- 
ing whatever  has  been  done  in  accordance  with  thy  will. 

And  now,  Oh!  Lord,  as  the  business  of  this  Convention  is  drawing  near  to, 
a  close,  direct,  this  day,  in  the  adjustment  and  ratification  of  the  measures 
which  have  been  under  discussion ;  and  graciously  prosper  all  the  acts  of 
the  body  which  may  be  calculated  to  advance  the  civil,  social  and  religious 
interests  of  the  community  in  which  thou  hast  cast  our  lot. 

Give  to  the  people  of  this  State,  before  whom  its  amended  Constitution 
will  soon  pass  in  review,  wisdom,  that  they  may  be  directed  in  their  final 
action  thereupon. 

Deliver  them  from  passion,  prejudice,  and  all  unreasonable  preposses- 
sions. May  they  approach  the  question  before  them  with  honest,  liberal 
and  enlightened  views,  and  decide  thereon  calmly,  conscientiously,  and  in 
the  fear  of  God. 

And  when  this  body,  to  whom  has  been  committed  the  revision  of  our 
fundamental  Laws,  shall  have  adjourned,  conduct  them  all  in  safety  to  their 
respective  places  of  abode,  there  to  meet  again,  in  circumstances  of  comfort, 
their  families,  their  friends,  and  their  constituents. 

And  inasmuch,  as  they  will  never  again  meet  together  on  earth,  prepare 
them,  most  gracious  God,  for  the  solemnities  of  that  approaching  day,  when 
the  assembled  Universe  shall  meet  in  Gband  Convention  before  thy  Throne 
to  be  judged  and  rewarded  according  to  their  works. 

The  Lord  grant  unto  us,  that  we  may  all  find  mercy  of  the  Lord  in  that 
day! 

Now,  unto  Him,  who  is  able  to  do  exceeding  abundantly,  above  all  that 
we  ask  or  think,  according  to  the  power  that  worketh  in  us,  unto  Him  be 
glory  in  the  Church,  by  Jesus  Christ,  throughout  all  ages,  world  without 
end!    Jlmen* 


wmmmmmmmmumm 


